Sofiqul Islam @ Shafiqul Islam v. The State of Assam

ORDER

19.01.2024 Heard Mr. N. Mahajan, learned counsel for the petitioner. Also heard Ms. A. Begum, 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, Sofiqul Islam @Shafiqul Islam, apprehending arrest in connection with Samaguri P.S. Case No. 345/2023 registered under Page No.# 2/2 Sections 120(B)/379/411/ 285 of the IPC read with Section 7 of the Essential Commodities Act, 1955. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 06.12.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner. Ms. A. Begum, 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. as per the interim pre arrest bail granted earlier. On perusal of the case diary, it is seen that there is no adverse report against the petitioner from the I.O. and, as such, this Court is of the view 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 06.12.2023 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. The anticipatory bail application accordingly stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010273902023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4113/2023 SOFIQUL ISLAM @ SHAFIQUL ISLAM S/O LT MEHAR ALI R/O VILL. HARMOTI P.O. BAGORI PS JAKHALABANDHAR DIST NAGAON ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. D BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI