Mrinal Ali v. The State of Assam

ORDER Date : 03-10-2023

¶1Heard Mr. N Uddin, learned counsel for the applicant and Mr. K.K. Parashar, learned Additional PP, appearing for the State of Assam.

¶2Apprehending arrest in connection with Gorchuk PS Case No.141/2023 under sections 120(B)/420/384/506/34 IPC, this Page No.# 2/3 application under section 438 Cr.P.C., is preferred by applicant, namely, Mrinal Ali for grant of pre-arrest bail.

¶3The above noted case has been registered on the basis of an FIR lodged by one Arjun Santosh Giri and Uttampuri Prabhupuri Goswami on 25.04.2023. The essence of allegation made in the FIR dated

25.04.2023 is that one person namely, Jamal Ali of Barbia village, under Tamulpur PS cheated them with dire consequences and asked them by promising to sell gold items and took a sum of Rs.5,00,000/- and thereafter Jamal Ali kidnapped them and threatened them to pay a sum of Rs.3,00,000/- more and also threatened to kill them at Chira Khundi village and also at ISBT bus stop flyover.

¶4Mr. Uddin learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and he is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand Mr. K. K. Parashar, learned Addl. PP submits that the investigation of the case has already been complete and after completion of investigation the I/O has laid charge sheet being CS No.152/2023, under sections 120B/420/384/506/34 IPC dated

04.08.2023.

¶6Having heard the submission of the learned Advocates for both the sides and also gone through the petition and the documents placed on record.

¶7In view of the submission of learned advocates for both the parties, this court is inclined to dispose of this anticipatory bail application by directing the applicant Mrinal Ali to appear before the Page No.# 3/3 learned Trial Court on 18.10.2023, and to apply for regular bail and in the event of filing such application the learned Trial Court shall consider the same in accordance with law.

¶8Till then, this court is inclined to extend the interim protection to the applicant. And accordingly, it is provided that in the event of arrest of the applicant in connection with Gorchuk PS Case No.141/2023 under sections 120(B)/420/384/506/34 IPC the applicant, namely, Mrinal Ali, shall be enlarged on pre arrest bail on his executing a bail bond of Rs.50,000/-, with a suitable surety of the like amount, to the satisfaction of the arresting authority. The above privilege of the pre-arrest bail is, however, subject to the following conditions.

¶1The applicant shall appear before the learned Court below on 18.10.2023;

¶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 them from disclosing such facts to the Court or to any police officer.

¶3The applicant shall not leave the territorial jurisdiction of learned CJM, Kamrup (M) without prior permission.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010193342023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3030/2023 MRINAL ALI S/O SURUJ ALI VILL- GUWAKUCHI P.S. TAMULPUR DIST. BAKSA (BTR), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN