Esahak Ali v. The State of Assam

ORDER Date : 29-01-2024 Heard Mr. A. Kakoti, learned counsel for the petitioner Esahak Ali.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure with prayer for pre-arrest bail as he is apprehending arrest in connection with Tamulpur Police Station Case No. 241/2023 under Sections 307/379/511/34 IPC read with Section 25 of Indian Telegraph Act. Page No.# 2/3

¶3The allegation against the petitioner is that he along with his co-accused have been involved in theft of mobile tower batteries. During investigation it was found that an attempt was made to commit theft at the Battery bank, RRU ETC at the Tower situated at GHGMR-1 at village Souraguri. However, the Investigating team could apprehend the miscreants but the petitioner fled the scene.

¶4I have considered the submissions at the bar. It is submitted on behalf of the petitioner that he is apprehending arrest as the police has seized the mobile handset from his wife. The co-accused who have already been arrested in connection with this case are on bail.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the case diary against the petitioner.

¶6I have perused the case diary. Indeed there are incriminating materials in the case diary against the petitioner. Investigation has progressed to a considerable extent. The petitioner has pledged to cooperate with the remaining part of the investigation as well as with the trial. The petitioner is willing to abide by any bail conditions if imposed upon him. It appears that custodial interrogation may not be required as investigation has progressed to a considerable extent.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) to the satisfaction of the arresting authority under the conditions that:

(i) The petitioner shall appear before the Investigating Officer and cooperate with the investigation. Page No.# 3/3

(ii) The petitioner shall not leave the jurisdiction of the Court till completion of the trial.

(iii) The petitioner shall refrain from such activities with which he is alleged.

¶8On breach of any bail conditions, bail order shall stand cancelled.

Send back the case diary.

In the above terms, this anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010263722023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3967/2023 ESAHAK ALI S/O ALI HUSSAIN R/O VILL- DEBOK NO. 2, KAMRUP, ASSAM-781380 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR A KAKOTI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND