Tarikul Islam @ Tariful Islam v. The State of Assam

ORDER

19.12.2024

¶1Heard Mr. S. Munir, learned counsel for the petitioner Tarikul Islam @Tariful Islam.

¶2The petitioner has filed this application under Section 482 of the Bharatiya Page No.# 2/3 Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Bongaigaon P.S. Case No. 188/2024 under Sections 380 of the IPC.

¶3Heard Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶4The FIR unfolds that there was a theft of liquor form the IMFL shop of Rajib Boro. It is submitted that the petitioner has purchased some liquor, but he is not complicit. It is further submitted that the FIR is very vague and the amount of liquor stolen and cash stolen from the informant's shop is not mentioned. The prime accused has already been enlarged on bail.

¶5I have considered the submissions at the Bar with circumspection. It is submitted that the petitioner is willing to cooperate with the remaining part of investigation. The petitioner is a local resident and he is not a flight risk. The petitioner is willing to abide by any stringent bail conditions if imposed upon him.

¶6Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail of Rs. Rs. 30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioner shall appear before the Investigating officer within 1 (one) week and cooperate with the investigation,

(ii) The petitioner shall appear before the Investigating Officer on every fortnight till completion of investigation, and Page No.# 3/3

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

¶7On breach of any of the bail conditions, the bail order shall stand automatically cancelled.

¶8In terms of the above observation, anticipatory application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010271192024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3358/2024 TARIKUL ISLAM @ TARIFUL ISLAM S/O MAJNUR ALI R/O KAMALPUR P.S. BAIHATA DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S MUNIR, MR. S RANA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND