Subar Ali v. The State of Assam,

ORDER Date : 13-08-2024 Heard Mr. S. Hoque, learned counsel for the petitioner Subar Ali, who has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Manikpur Police Station Case No. 83/2024 under Sections 120B/342/384/214 of the Indian Penal Code, 1860 (IPC for short). Page No.# 2/3

¶2Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The allegation against the petitioner is that the informant was accused of indulging in illegal lottery and he was called to the Gerukabari Police Station. Then when the informant went to the Gerukabari Police Station, the petitioner acted as a middleman and he tried to help the informant by assisting him. He also advised the informant to pay Rs.30,000/- (Rupees Thirty Thousand) to the Investigating Officer. Aggrieved by the conduct of the police and the petitioner, the informant lodged an FIR at Manikpur Police Station.

¶4It is submitted on behalf of the petitioner that no case under Section 384 of the IPC or 342 of the IPC has been made out against the petitioner as the informant was not confined by the petitioner nor there was any allegation of extortion against the petitioner.

¶5Learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary.

¶6I have considered the submissions at the bar with circumspection. I have also scrutinized the Case Diary. Investigation has progressed to a considerable extent. It appears that custodial interrogation may not be required. The petitioner is willing to cooperate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon him. The petitioner is a local resident and he is not a flight risk.

¶7In view of my foregoing discussions, petition is allowed.

¶8In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the Page No.# 3/3 conditions that:

(i) Petitioner shall refrain from such activities with which he is alleged.

(ii) Petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation.

(iii) Petitioner shall not leave the jurisdiction of the Court without prior permission.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

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

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010134052024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1736/2024 SUBAR ALI S/O SUBAHAN ALI , R.O- NO. 5 BHANDARA, P/S- MANIKPUR, DIST- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM, REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MR S HOQUE, MR. R ALOM,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND