Md. Mabud Ali @ Mamud Ali and Anr v. The State of Assam

ORDER Date : 14-11-2023 Heard Mr. P. Bharadwaj, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned Additional Public Prosecutor for the State/respondent.

¶2This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, (1) Md. Mabud Ali @ Mamud Ali and (2) Smt. Kabita Deka, in connection with Tezpur P.S. Case No. 790/2023, registered under 325/326/392 of IPC.

¶3It is submitted by the learned counsel for the petitioners that pre-arrest bail is granted to the petitioner no. 2, Smt. Kabita Deka with a direction to appear before the Investigating Officer and accordingly she has appeared before the Investigating Officer as per the direction of this Court and her statement has already been recorded after she was granted interim protection. She has not misused the liberty granted to her; rather, she co-operate with the investigation of the case. Therefore, the privilege of pre-arrest bail granted to the petitioner may be made absolute.

¶4Mr. Goswami, learned Additional Public Prosecutor for the State submits that as the statement of petitioner no. 2, Smt. Kabita Deka has already been recorded by the Investigating Officer and as such, her custodial interrogation may not be required.

¶5I have considered the submission made by the learned counsel for the parties. It appears that the petitioner no. 2, Smt. Kabita Deka has not misused the liberty granted to her while availing interim protection. Considering all, this Page No.# 3/4 Court is of the view that the petitioner no. 2, Smt. Kabita Deka deserves to be granted the privilege of pre-arrest bail.

¶6That being so, the petitioner no. 2, Smt. Kabita Deka is granted the privilege of pre-arrest bail.

¶7Accordingly, the interim protection granted to the petitioner no. 2, Smt. Kabita Deka vide order dated 12.10.2023, is made absolute on the same terms and conditions, as reflected.

¶8The learned Additional Public Prosecutor has submitted that the case diary has been received and perused the same. The learned Additional Public Prosecutor has fairly submitted that the medical report of the victim is with the case diary from which it reveals that the victim sustained simple injuries caused by blunt object which falls under Section 323 IPC and bailable in nature. It is further submitted that there is no allegation against the petitioner no. 1, Md. Mabud Ali @ Mamud Ali that he snatched away the money from the victim as alleged in the FIR.

¶9I have perused the case diary along with the documents available thereon. Considering the background of the case, this Court finds that custodial interrogation of the petitioner no. 1, Md. Mabud Ali @ Mamud Ali is not required for the purpose of investigation of the case. Therefore, he is granted the privilege of pre-arrest bail.

¶10Accordingly, it is provided that in the event of arrest of the petitioner no. 1, Md. Mabud Ali @ Mamud Ali, in connection with Tezpur P.S. Case No. 790/2023, registered under 325/326/392 of IPC, he shall be released on Page No.# 4/4 furnishing bail bond of Rs.20,000/-with a suitable surety of the like amount, to the satisfaction of the arresting authority.

¶11The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) 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.

¶12The anticipatory bail application stands disposed of accordingly.

¶13Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010230072023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3507/2023o MD.oMABUDoALIo@oMAMUDoALIoANDoANRo S/O-oNURoIMANoALIoPERMANENToRESIDENToOFoDAMPURoAMDOLAPARo P.S-oHAJOoKAMRUP,oASSAMoANDoPRESENTLYoRESIDINGoAToVILL-o BHITARMUTIo(RENTEDoHOUSE),oP.S-oTEZPUR,,oDIS-oSONITPUR,oASSAM 2:oSMT.oKABITAoDEKA oD/O-oMANTUoDEKAoPERMANENToRESIDENToOFoINDIRAoNAGARo MAHABHAIRAB oP.S-oTEZPUR oDIS-oSONITPUR oASSAM.oPRESENTLYoRESIDINGoAToGUWAHATIoLAWoCOLLEGEo GUWAHARTI oASSAMo VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoP.PoASSAM. AdvocateoforotheoPetitionerooooo:oMR.oKoNoKALITAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI