Mohibul Islam v. The State of Assam

ORDER

17.05.2024

Heard Mr. M. Mussain, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Mohibul Islam, apprehending arrest in Page No.# 2/2 connection with Cyber P.S. Case No. 08/2023 registered u/s 120B / 419/420/385/467/468/471/507

IPC

R/W

Section 65/66/66B/66C/66D of IT Act. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 08.11.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. R. R. Kaushik, 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 08.11.2023 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 GAHC010248552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3720/2023 MOHIBUL ISLAM S/O LATE NURUL ISLAM R/O SRIMANTAPUR HOUSE NO. 2, P.O. INDRADPUR P.S. BHANGAGARH DIST. KAMRUP (M), ASSAM PIN-781032 VERSUS THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI