Amjad Ali v. The State of Assam

ORDER

21.05.2024

Heard Mr. A. A. R. Karim, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent. Page No.# 2/3

This is an application under Section 438 of the Code of Criminal Procedure praying for grant of pre-arrest bail to the accused/petitioners, who is apprehending arrest in connection with Gauripur P.S. Case No. 99/2024, under Sections 120B/147/ 148/353/325/307/34 of the Indian Penal Code (G.R. Case No. 339/2024).

Case Diary has been received. Perused the same. Heard both sides.

It is submitted by Mr. Karim, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the F.I.R. It is a fact that on the day of incident, there was a road accident between two vehicles and at the relevant point of time, the accused/petitioner was working in his vegetable garden and on hearing hue and cry, he also went to the place of occurrence. But, he has been named in the F.I.R. with some false allegation. However, he has already appeared before the I.O. after obtaining the interim pre-arrest bail and co-operated in the investigation. His statement is also recorded under Section 161 Cr.P.C. He is still ready and willing to co-operate with the I.O. in the further investigation of this case if he is granted with the privilege of pre-arrest bail.

In this context, Mr. D. Das, learned Additional Public Prosecutor, has submitted that the present accused/petitioner has already appeared before the I.O. and co-operated in the investigation of this case and there is no such incriminating materials against the present accused/petitioner, though it is a case where some persons were present at the place of occurrence and tried to Page No.# 3/3 resist the police personnel from discharging their duty. Accordingly, he submitted that the custodial interrogation of the present accused/petitioner may not be necessary in this case.

Considering the submissions made by the learned counsels of both sides and also considering the materials available in the Case Diary as well as the conduct of the accused/petitioner, I find it a fit case to extend the privilege of pre-arrest bail to the accused/petitioner. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioner vide order dated 03.05.2024, is hereby made absolute in the same terms and conditions.

In terms of above, this anticipatory bail application stands disposed of.

The Case Diary be sent back.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010088902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1151/2024 AMJAD ALI S/O MAJU SHEIKH R/O VILL- GERAMARI PART-V, P.S. GAURIPUR, DIST. DHUBRI, ASSAM PIN-783339 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA