Mijan Ali v. The State of Assam

ORDER Date : 04-06-2024

¶1Heard Ms. R Kalita, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. PP, Assam.

¶2By this application the petitioner, namely, Mijan Ali has prayed for pre arrest bail under section 438 Cr.P.C who is Page No.# 2/3 apprehending arrest in connection with Nalbari PS Case No.139/2024 under sections 294/354(c)/354/511/506 IPC.

¶3The case diary called for is received and the same is perused.

¶4The materials so far collected by the investigating authority, in the considered opinion of this court do not warrant custodial interrogation of the present petitioner subject to the condition that the petitioner will appear before the investigating officer, record his statement and cooperate with the investigation and do not try to keep contact with the victim as well as do not repeat such kind of offence.

¶5As such this anticipatory bail application is hereby disposed of by providing that in the event of arrest of the petitioner in connection with the aforementioned case, the petitioner, above named shall be released on bail on furnishing a bond of Rs.30,000/- with one local surety of the like amount to the satisfaction of the arresting authority subject to the condition that: I. The petitioner shall appear before the Officer in charge of the concerned PS within 10 (ten) days from today; II. The petitioner 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/her from disclosing such facts to the Court or to any police officer. III. The petitioner shall not leave the territorial jurisdiction of the concerned I.O. without prior intimation and shall not hamper with the investigation or tamper with the evidence of the case. IV. Shall not try to contact the victim as well as shall not Page No.# 3/3 repeat such kind of offence in the future.

¶6The pre-arrest bail application stands disposed off.

¶7Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010099232024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1299/2024 MIJAN ALI S/O ALLAUDDIN ALI PERMANENT R/O VILL- NARAYANPUR P.O. AND P.S. LAKHIMPUR DIST.LAKHIMPUR, ASSAM PRESENTLY R/O C/O JERINA SULTANA, W/O MASFIQUR RAHMAN, NALBARI TOWN, B.K. ROAD, NEAR IDGAH FIELD, WARD NO. 8, P.S. AND DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MS. R KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY