Jahangir Sheikh @ Jahangir Ali v. The State of Assam

O R D E R

¶1206. 2024 Heard Mr. S Munir, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor, Assam. By this application under Section 438 Cr.P.C., the petitioner, namely, Jahangir Sheikh @ Jahangir Ali is seeking pre-arrest bail in connection with Dhubri PS Page No.# 2/3 case No. 128/2024 under Section 365/34 IPC. Perused the case diary produced. Also perused the statement of the victim as well as the statements of other witnesses. Though the victim is a minor her statement suggests that she has gone with the informant on her own volition. Considering her statement and also considering the material so far collected, this court is of the view that custodial interrogation of the petitioner may not be necessary in the present case. Accordingly, the present bail application stands allowed. Accordingly, in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. The pre-arrest bail is granted on the following conditions:

(1) The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,

(2) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(3) 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 from disclosing such facts to the Court or to any police officer,

(4) The petitioner shall appear before the Officer-in-charge, Page No.# 3/3 Dhubri PS within 10 (ten) days from today,

(5) The petitioner shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of first appearance till such time the attendance is dispensed with by the said investigating officer. Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010104452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1378/2024 JAHANGIR SHEIKH @ JAHANGIR ALI S/O TAJIMUDDIN SHEIKH @ TAJIMUDDIN ALI, VILL- GASPARA, P.S.- DHUBRI, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY