Anowar Hussain v. The State of Assam,

ORDER Date : 12.06.2024 1) Heard Mr. A. Chamuah, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam. 2) On perusal of the case record, it appears that the petitioner was arrested on 29.03.2024 in connection with Belsor P.S. Case No. 45/2024 and thereafter, by order dated 05.04.2024, he was allowed to go on interim bail by this Court, on the ground that the mandate of issuing notice under Section 41A of the Code of Criminal Procedure, 1973 has not been followed in this case. 3) The learned counsel for the petitioner has submitted that on the very next day of grant of interim bail by this Court, the petitioner has been released on bail by the Court of learned Chief Judicial Magistrate, Nalbari in pursuant to the direction of this Court and since then, the Investigating Officer has never approached him for questioning with regard to the Belsor P.S. Case No. 45/2024. 4) The learned counsel for the petitioner has submitted that the petitioner has not violated any of the condition on which he was granted interim bail and he is ready and willing to cooperate in the investigation of Belsor P.S. Case No. 45/2024. 5) On the other hand, learned Additional Public Prosecutor has produced the case diary of Belsor P.S. Case No. 45/2024 for perusal of this Court. 6) On perusal of the case diary, it appears that the Investigating Officer Page No.# 3/3 has examined seven (07) numbers of witnesses and recorded their statement under Section 161 of the Code of Criminal Procedure, 1973. 7) The learned Additional Public Prosecutor also submits that though the petitioner was in custody for more than a week, however his statement under Section 161 of the Code of Criminal Procedure, 1973 has not yet been recorded. 8) Considering all the attending facts and circumstances of this case as well as considering materials in the case diary and the fact that the petitioner has not violated any of the condition imposed on him, while he was granted the interim bail by this Court, the interim bail granted to the above-named petitioner by order dated 05.04.2024 is hereby made absolute with condition Nos. 1 and 2 attached to the said order remaining intact. 9) Let a copy of this order be sent to the Investigating Officer of Belsor P.S. Case No. 45/2024. 10) With the above observation, this bail application is disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010068852024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./965/2024o ANOWARoHUSSAINo S/OoMD.oKUWASHAoSEIKHo R/OoVILL-oKHATARUPIAoBATHANo PAHLONGPAR,oP.O.oCHAMOTAo P.S.oBELSOR,o DIST.oNALBARI,oASSAMo PIN-781353 VERSUSo THEoSTATEoOFoASSAM,o REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoCHAMUAHo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA