Gauhati High Court
Moizul Hoque vs The State Of Assam on 29 July, 2024
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GAHC010129842024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1669/2024
MOIZUL HOQUE
S/O ABDUL HASIM
R/O VILL- KUTUBPUR
P.S. BIHPURIA
DIST. LAKHIMPUR, ASSAM
PIN-787054
VERSUS
THE STATE OF ASSAM
REP BY THE PP, ASSAM
Advocate for the Petitioner : MAHIBUR RAHMAN, MS. NISHA BEGUM,MS ASFIA
AHMED,MR AZIZUR RAHMAN
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
29.07.2024 Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 438 of the Code of Criminal Procedure, 1973 for grant of pre-arrest bail to the accused/ petitioner, who is apprehending arrest in connection with North Lakhimpur P.S. Case No. 141/2024, under Sections 120(B)/143/147/326/307/338/333 of the Indian Penal Code read with Section 4 of PDPP Act (G.R. Case No. 370/2024).
Mr. Borthakur, learned Additional Public Prosecutor, has submitted that though the Case Diary was called for, but they have not received the same from the I.O. concerned.
In this context, Mr. Rahman, learned counsel for the petitioner, has submitted that it is a fact that on the day of incident, the present accused/petitioner was also present in the police station due to the custodial death of his relative. But he has not committed the offence as alleged in the F.I.R. or attacked the police personnel, though there was an altercation and push and pull between the police personnel and the villagers and in that process, out of anger, some of the persons might have taken some steps and committed the offence. But the present petitioner has not committed the Page No.# 3/4 alleged offence and he is apprehending arrest as the police have visited his house and searched for him. However, he is ready to appear before the I.O. and shall co-operate in the further investigation of the case if he is granted with the privilege of pre-arrest bail.
Considering the submissions of learned counsels for both sides and also considering the materials placed on record, I find it a fit case to extend the privilege of interim pre-arrest bail to the accused/petitioner till receipt of the Case Diary.
Accordingly, it is provided that in the event of arrest of the accused/petitioner, namely, Moizul Hoque, in connection North Lakhimpur P.S. Case No. 141/2024, under Sections 120(B)/143/ 147/326/307/338/333 of the Indian Penal Code read with Section 4 of PDPP Act (G.R. Case No. 370/2024), he shall be enlarged on interim pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the arresting authority, subject to the following conditions:
(i) that the petitioner shall appear before the Investigating Officer of the case within a period of of 1(one) week from today;
(ii) that the petitioner shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case; and
(iii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 4/4 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
List the matter on 10.09.2024.
In the meantime, the learned Additional Public Prosecutor shall issue reminder to the I.O. concerned calling for the Case Diary along with the Injury Report to be produced before this Court on the next date fixed.
JUDGE Comparing Assistant