Tajmul Hussain v. The State of Assam

PageoNo.#o1/3 GAHC010156582024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2067/2024o TAJMULoHUSSAINo S/OoABDULoQUDDUSo VILL-oDAULATPURo P.S.oBIHPURIAo DIST.oLAKHIMPUR VERSUSo THEoSTATEoOFoASSAMo REPoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoFoHAQUE,oMRoAoISLAM,MRoNoISLAMo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMR.oJUSTICEoN.oUNNIoKRISHNANoNAIR ORDERo Dateo:o02.09.2024 o Page No.# 2/3 Heard Mr. F. Haque, learned counsel for the applicant. Also heard Mr. P. S. Laskar, learned Addl. Public Prosecutor for the State. The present application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for pre-arrest bail in connection with Dispur P.S. Case No. 643/24, corresponding to G. R. Case No. 3702/2024, under Section 489(A)/489(C) of the Bharatiya Nyaya Sanhita, 2023. I have perused the materials brought on record and it is found that till the present stage of investigation as carried out in the matter, the petitioner, herein, has not been directly implicated with the offence involved, although the brothers of the petitioner have been alleged to be involved in the offence. Considering the nature of the allegations so leveled and the statements made in the bail application, and also considering the progress made in the investigation, this Court is of the considered view that the applicant is entitled to interim pre-arrest bail. Accordingly, the applicant, in the event of his arrest in connection with Dispur P.S. Case No. 643/24, corresponding to G. R. Case No. 3702/2024, under Section 489(A)/489(C) of the Bharatiya Nyaya Sanhita, 2023; is directed to be released on bail, on furnishing a bail bond of Rs. 30,000/-(Thirty thousand only) with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:-

¶1The applicant shall appear before the Investigating Officer and record his statement within a period of 7(seven) days from today.

¶2The applicant 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/her from disclosing such facts to the Court or to any Police Officer. With the above observations and directions, the Anticipatory bail application Page No.# 3/3 stands disposed of. JUDGE Comparing Assistant