Pashan Ali vs The State Of Assam And Anr on 19 October, 2023

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Gauhati High Court

Pashan Ali vs The State Of Assam And Anr on 19 October, 2023

Bench: Ajit Borthakur

                                                                              Page No.# 1/3

GAHC010160292023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : AB/2603/2023

            PASHAN ALI
            S/O LT. JODU SK.
            VILL- BETBARI
            P.S. SUKCHAR
            DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, ASSAM

            2:JOLIL SK.
             S/O NURUL ISLAM
            VILL- BETBARI
            P.S. SUKCHAR
            DIST. SOUTH SALMARA MANKACHAR
            ASSA

Advocate for the Petitioner   : MR. L R MAZUMDER

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                     HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                          ORDER

Date : 19.10.2023 Heard Mr. A.Z.Ahmed, learned counsel for the petitioner and Mr. B.Sarma, learned Addl.

Page No.# 2/3 Public Prosecutor, Assam appearing for the State respondent No.1.

By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Pashan Ali has prayed for granting pre-arrest bail, apprehending arrest in connection with Sukchar P.S. Case No. 177/2023 u/s 448/376 (3) of the IPC r/w Section 4 of the POCSO Act.

Notice has been served by Dasti Mode on the respondent No. 2 vide paragraph 2 of the Affidavit filed by the petitioner.

The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 31.08.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner.

Mr. B.Sarma, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier. There is no adverse report against the petitioner from the I.O.

Therefore, the interim pre-arrest bail granted vide order, dated 31.08.2023 is hereby made absolute, subject to the following conditions-

(i) That the petitioner shall co-operate in investigation as and when required;

(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; and

(iii) That the petitioner shall not hamper or tamper with the investigation in any manner.

Return the case diary.

This disposes of the anticipatory bail application.

JUDGE Page No.# 3/3 Comparing Assistant

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