Abdul Halim v. The Union of India

ORDER

14.08.2024

Heard Mr. M. Khan, learned counsel for the petitioner and Ms. R. Devi, learned standing counsel, N.F. Railway. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Abdul Halim, apprehending arrest in connection with Crime Complaint Case No. 197/2024 registered by IPF/RPF/KOJ, N.F.Railway, Bongaigaon u/s 160(2) of the IPC. The Case diary, as called for, is placed before the Court. Page No.# 2/2 It may be mentioned that by order, dated 24.07.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. D. P. GOswami, learned Addl. Public Prosecutor, submits 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. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated 24.07.2024 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 GAHC010134722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1726/2024 ABDUL HALIM S/O ABDUS SALAM, R/O VILL- TALOWAGAON, P.O.-SRINAGAR, P.S.- TAMARHAT, DIST- DHUBRI, ASSAM VERSUS THE UNION OF INDIA REPRESENTED BY NF RAILWAY Advocate for the Petitioner : MR. M KHAN, K MAINUDDIN,MS J AKTAR Advocate for the Respondent : DY.S.G.I., BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI