Shariful Islam v. The State of Assam

ORDER

31.05.2023 Heard Mr P D Nair, learned counsel appearing for the petitioner and Mr K K Das, learned Additional Public Prosecutor for the State of Assam.

¶2By this application filed under Section 438 CrPC, the petitioner, Shri Shariful Islam, has sought for pre-arrest bail, who is apprehending his arrest in connection with Page No.# 2/3 Kaliabor PS Case No. 37 of 2023, under Sections 454/380 IPC

¶3It is submitted by the learned counsel for the petitioner that while the arrested accused Sri Tiken Nayak @ Tikla was residing in the village of the petitioner, due to his involvement in many offences, he was drove out of the village by the villagers, including the present petitioner. And as such, he has taken the name of the petitioner that the stolen articles are kept in the house of the petitioner, but, however the Police could not recover anything from the petitioner. Therefore, it is prayed that the benefit of pre-arrest bail may be extended to the petitioner.

¶4On the other hand learned Additional Public Prosecutor has raised objection against the bail prayer of the petitioner, as the arrested accused has taken his name for keeping the stolen articles.

¶6I have heard the submissions made by the learned counsel for both the parties. I have also perused the Case Diary as well as the documents annexed with the record.

¶7From the CCTV footage, it appears that the person who was arrested was the main perpetrator of the crime. Accordingly, in view of the facts and circumstances of the case and having regard to the submissions made by the learned counsel for both the parties, this Court is of the opinion that the privilege of pre-arrest bail can be extended to the petitioner, namely, Shri Shariful Islam. Accordingly, it is provided that in the event of arrest in connection with Kaliabor PS Case No. 37 of 2023, the petitioner, namely, Shri Shariful Islam, shall be released on pre-arrest bail on executing a bond of Rs. 10,000/- (Rupees Ten Thousand)only, with one surety of like amount to the satisfaction of the arresting authority. The above privilege is, however, subject to the following conditions:

(i) the petitioner is directed to appear before the Investigating Officer within a period of 10 (ten) days from today.

(ii) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; Page No.# 3/3

(iii) that 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.

(iv) the petitioner shall not leave the jurisdiction of the Court, without prior permission of the Court. In case of violation of any of the above conditions by the petitioner, the learned Public Prosecutor is at liberty to move before this Court for cancellation of bail.

¶8With the aforesaid observations and directions this Anticipatory Bail Application stands disposed of.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010106432023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1760/2023 SHARIFUL ISLAM S/O SHRI MASHRAB ALI R/O BAJIAGAON, P.O. SAMAGURI P.S. SAMAGURI DIST. NAGAON, ASSAM PIN-782140. VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P D NAIR Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI