Tafique Ahmed v. The State of Assam

ORDER

11.01.2024 Heard Ms M Daimary, learned counsel for the petitioner, Tafique Ahmed.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, he is apprehending arrest in connection with Hajo PS Case No. 110/2023, under Sections 457/380 IPC. Page No.# 2/2

¶3Also heard Mr M P Goswami, learned Additional Public Prosecutor for the State of Assam

¶3I have considered the submissions at the Bar with circumspection.

¶4It is submitted at the Bar that the petitioner has appeared before the IO and his statement has been recorded. The petitioner is a Cancer patient and he is undergoing treatment in Dr B Borooah Cancer Institute, Regional Cancer Centre (RCC) (Annexure-5 of the petition).

¶5The up-to-date Case Diary reveals that investigation has progressed to a considerable extent. The petitioner is accused of having committed theft from a storeroom.

¶6It appears that custodial interrogation of the petitioner may not be required.

¶7The petitioner has not violated any bail conditions. He has cooperated with the investigation. He has appeared before the IO and his statement has been recorded.

¶8In view of my foregoing discussions, the interim bail order dated 05.06.2023, is hereby made absolute.

¶9Anticipatory Bail Application stands disposed of.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010117942023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1972/2023 TAFIQUE AHMED S/O DAROG ALI R/O H/NO. 21 PATHARKUCHI ROAD, P.S. BASISTHA DIST. KAMRUP (M), ASSAM PIN-781029 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N DUBEY Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND