Gauhati High Court
Badiyat Mollah @ Badiyat Mulla vs The State Of Assam on 9 September, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010105432021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1956/2021
BADIYAT MOLLAH @ BADIYAT MULLA
S/O. CHATTAR MOLLAH, VILL. KATLAGAON, P.O. CHAPARBORI, P.S. AND
DIST. BARPETA, ASSAM.
VERSUS
THE STATE OF ASSAM
REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. N K KALITA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
09.09.2021 Hearing held through virtual mode.
Heard Mr. N.K. Kalita, learned counsel appearing for the petitioner. Also heard Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent.
Page No.# 2/3 This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Badiyat Mollah @ Badiyad Mulla, apprehending arrest in connection with Patacharkuchi P.S. Case No. 791/2019(G.R. case No. 977/2019) under Sections 302/34 of the IPC.
The case diary, as called for, is placed before the Court.
On scrutiny of the case diary along with the post-mortem report, it is noticed that the cause of death of the deceased Nurul Sikdar was ante mortem drowning. There is no prima facie direct evidence against the petitioner requiring his custodial interrogation, subject, of course, to final outcome in investigation.
Therefore, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local 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 the 8 th day, this pre-
arrest bail order will automatically expire and also co-operate in the investigation; and
(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted Page No.# 3/3 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.
This disposes of the anticipatory bail application.
JUDGE Comparing Assistant