Abdul Wahid Choudhury v. The State of Assam

ORDER

26.07.2024

Heard Mr. H. R. A. Choudhury, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of Page No.# 2/2 pre-arrest bail to the petitioner, namely, Abdul Wahid Choudhury, apprehending arrest in connection with ACB P.S. Case No. 24/2024 registered u/s 120B/406/409/419/420/468/471 of the IPC R/W Section 7(a), 13(2), R/W Section 13(1)(a) of the Prevention of Corruption Act, 1988 (as amended in 2018). The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 27.06.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. R. J. Baruah, learned Addl. Public Prosecutor, submits that only seizure witnesses are examined and they have not implicated the present petitioner. He further submitted that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. Accordingly, the interim pre-arrest bail granted vide order, dated 27.06.2024 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required; and

(ii) 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. Return the case diary. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010129862024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1664/2024 ABDUL WAHID CHOUDHURY S/O HARUNUR RASHID CHOUDHURY PERMANENT RESIDENT OF HOUSE NO. 324, MARERA, KHUDRA PURAHUARI P.O. MANIKGANJ P.S. AND DIST. KARIMGANJ, ASSAM-788712, PRESENTLY RESIDING AT HOUSE NO. 15, CITZEN LANE, F.A. AHMED NAGAR, PANJABARI ROAD, SIXMILE, P.O.KHANAPARA, P.S. DISPUR, GUWAHATI, DIST. KAMRUP M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR M J QUADIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI