Asraf Ali v. The State of Assam

ORDER Date : 19.01.2024

Heard Mr. M. K. Hussain, 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, Asraf Ali, apprehending arrest in connection with Boko P.S. Case No. 578/2023 registered u/s 120(B)/389 of the IPC r/w Section 14 of the Assam Game and Batting Act, 1970. The Case diary, as called for, is placed before the Court. Page No.# 2/2 It may be mentioned that by order, dated 07.12.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner. Ms. 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 07.12.2023 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 GAHC010274852023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4112/2023 ASRAF ALI S/O ABDUL HUSSAIN R/O VILL. MANDIRA NC P.O. MALIBARI PATHAR PS. BOKO DIST. KAMRUP ASSAM PIN 781136 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI