Sohidur Rahman v. The State of Assam

ORDER

31.05.2024 Heard Ms. R. R. Bora, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State respondent. This application filed under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, who has been apprehending arrest in connection with Gauripur P.S. Case No. 99/2024, under Sections 120(B)/147/148/353/325/307/34 of the Indian Penal Code corresponding to G.R. Case No.339/2024. The Case Diary has been received and I have perused the same. It is submitted by the learned Additional Public Prosecutor, Mr. Das that the statement of the present petitioner is not available in the Case Diary. The last entry is upto 18.05.2024. In this regard, Mr. Ali, learned counsel for the petitioner has submitted that after obtaining the interim pre-arrest bail, the petitioner appeared before the I.O. and co-operated in the investigation of this case and recorded his statement is recorded under Section 161 of Cr.P.C. Thus, he accordingly prays for making the interim pre-arrest bail order as absolute. After hearing the submissions made by the learned counsels of both sides and also considering the entire aspects of the case, nature of allegation as well as the conduct of the accused/petitioner and injury report of the victim etc., I find it a fit case to extend the privilege of pre-arrest bail to the Page No.# 3/3 accused/petitioner. Accordingly, the interim pre-arrest bail order, granted to the accused/petitioner vide order dated 15.05.2024, is hereby made absolute with a direction to the accused/petitioner to appear before the IO within 7 days from today and to co-operate with the I.O. in further investigation of the case. In terms of above, this anticipatory bail application stands disposed of. The Case Diary be sent back. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010095612024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1250/2024o SOHIDURoRAHMANo S/OoKANDAo@oKARIMoUDDINo VILL.oGERAMARIoPART-V,oP.O.oGERAMARI,oP.S.oGAURIPUR,oDIST.oDHUBRI,o ASSAM VERSUSo THEoSTATEoOFoASSAMo TOoBEoREP.oBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMR.oAoAoRoKARIMo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA