Gauhati High Court
Pashan Ali vs The State Of Assam And Anr on 31 August, 2023
Author: Ajit Borthakur
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
31.08.2023 Heard Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Page No.# 2/3 Sarma, learned Additional Public Prosecutor, Assam appearing for the State respondent.
By this petition 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 under Sections 448/376(3) of the IPC read with Section 4 of the POCSO Act, 2012.
The case diary, as called for, is placed before the Court.
Notice served on the respondent No.2 by dasti mode vide the Affidavit.
In the backdrop of facts and circumstances as emerged from the case diary this Court finds that statement of the petitioner will be necessary for just disposal of the instant petition.
Therefore, in order to enable the petitioner to get his statement recorded u/s 161 Cr.P.C., it is provided that in the event of arrest, the petitioner named above, shall be released on interim pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs.40,000/- with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioner shall appear before the Investigating Officer within 7 days, failing which, on and from the 8 th day, this interim pre-arrest bail order shall have no force; 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.
Page No.# 3/3 List after 3(three) weeks.
Case diary be retained for re-submission updated.
JUDGE Comparing Assistant