Anuj Ahmed v. The State of Assam

ORDER Date : 28-05-2024

Heard Ms. S. Bhuyan, learned counsel for the petitioner Anuj Ahmed.

¶2The petitioner has filed this application under Section 438 of the Code of Page No.# 2/3 Criminal Procedure, 1973 (CrPC for short) with a prayer for pre-arrest bail as he is apprehending arrest in connection with Dudhnoi Police Station Case No. 33/2024 under Sections 366 of the Indian Penal Code, 1860 (IPC for short).

¶3Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The Case Diary of this case has been forwarded in connection with AB No. 1187/2024.

¶5It is submitted at the bar that the victim had a love relationship with the petitioner and she went with the petitioner on her volition. A false case has been slammed against the present petitioner as the victim's parents do not approve of the victim's relation with the petitioner. The petitioner has also applied for registration of his marriage with the victim. Annexure-3 is the application acknowledgment.

¶6I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary.

¶7Investigation has progressed to a considerable extent. It appears that custodial interrogation may not be required for the progress of investigation. The petitioner is a local resident and he is not a flight risk. The petitioner has pledged to cooperate with the investigation.

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶9In the interim and in the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Page No.# 3/3 arresting authority.

¶10In the above terms and observation, this Anticipatory Bail application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010105032024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1364/2024 ANUJ AHMED S/ONASIRUDDIN AHMED R/O NO. 2 BARUA PATHAR, P.O. BARUA PATHAR, P.S. BOKO, DIST. KAMRUP, ASSAM PIN-781136 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. S BHUYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND