Intajul Hoque and Anr v. The State of Assam

ORDER Date : 24.01.2024

Heard Mr. D. Das, learned counsel for the petitioners. Also heard Mr. P. Borthakur, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely, 1. Intajul Hoque, and 2. Madina Begum, Page No.# 2/2 apprehending arrest in connection with Mangaldai P.S. Case No. 579/2021 registered u/s 328/302 of the IPC. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 08.07.2022, this Court granted the privilege of interim pre-arrest bail to the petitioners. Mr. P. Borthakur, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioners appeared before the Investigating Officer and got their statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. On perusal of the case diary, it is seen that there are no adverse report against the petitioners from the I.O., and, as such, this Court is of the view that custodial interrogation of the petitioners may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated 08.07.2022 is hereby made absolute, subject to the following conditions-

(i) That the petitioners shall co-operate in investigation as and when required; and

(ii) That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Return the case diary. The anticipatory bail application accordingly stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010068672022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/989/2022 INTAJUL HOQUE AND ANR SON OF NAJMAL ALI R/O DAKSHIN BOKRAJHAR, PS. MANGALDAI, DIST. DARRANG, ASSAM 2: MADINA BEGUM W/O NAJMAL ALI R/O DAKSHIN BOKRAJHAR P.S. MANGALDAI DIST. DARRANG ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. DITUL DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI