Anowar Hussain v. The State of Assam

ORDER

19.06.2024

Heard Mr. S. Z. B. Aklas, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State of Assam. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Anowar Hussain, who was arrested on 15.05.2024 in Page No.# 2/3 connection with Hatigaon P.S. Case No. 87/2024 registered under Section 457/380 of IPC. Case diary is received. Perused the same. The petitioner was arrested on 15.05.2024 and since then, he is in custody for last 35 days. The offences alleged are under Section 457/380 of IPC. A co-accused has already been granted bail by the learned trial Court below under its order dated

10.06.2024 passed in Bail Application No. 494/2024. The material so far collected by the investigating officer, it is revealed that the petitioner has thoroughly been interrogated and co-operated with the investigation. Considering the stage of investigation as well as the period of detention, this Court is of the view that the further custodial interrogation of the accused/petitioner shall not be required for the purpose of investigation. Accordingly, it is directed that the petitioner, named above, be released on bail in connection with the case aforementioned, on his furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, with the following conditions.

(a) Shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup (M) at Guwahati, without prior written permission from him/her;

(b) Shall not hamper with the investigation of the case and tamper with the evidence of the case;

(c) 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 office. Page No.# 3/3 In terms of the above, this bail application stands disposed of. Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010113342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1638/2024 ANOWAR HUSSAIN S/O- LATE ABDUL BASED, R/O- BANIARPARA, P.O. GAREMARI BAZAR, P.S. AND DIST. BARPETA, ASSAM, PIN- 781314 VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM Advocate for the Petitioner : MS F INTAZ Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY