Gauhati High Court
Dildar Hussain vs The State Of Assam on 7 December, 2023
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010275592023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/4118/2023
DILDAR HUSSAIN
S/O.NUR MOHAMMED,
R/O- GERUA ATI, P.O/P.S- NAGAON, DIST. NAGAON, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. M A I HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 07.12.2023 Heard Mr. M.A.I. Hussain, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.
This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Dilbar Hussain, in connection Page No.# 2/3 with Merapani P.S. Case No. 52/2023, registered under Section 120B/279/379/420/413/511 IPC.
Call for the case diary.
It is submitted by the learned counsel for the petitioner that the petitioner is the registered owner of the vehicle bearing Regd. No. AS-02- CC-6972 which was seized by the police in connection with the incident as alleged in the FIR. But the petitioner is no way involved with the alleged offence. It is also submitted that the petitioner filed a petition before the concerned court below to take zimma of the said vehicle which was also allowed. The driver and the handyman were also arrested and their bail prayer was granted. It is further submitted that the petitioner is apprehending arrest as he is the owner of the said vehicle. Under such backdrop, benefit of pre-arrest bail may be extended to the petitioner.
On the other hand, Ms. Jahan, learned Additional Public Prosecutor for the State has submitted that interim prayer of the petitioner may be granted till the receipt of the case diary.
I have considered the submissions made by the learned counsel for the parties.
Considering the submissions made by the learned counsel for the parties as well as the averments made in the petition, this Court is of the view that till a final decision is taken on perusal of the case diary, the petitioner above-named is granted the interim protection till the next date fixed.
Page No.# 3/3 Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with Merapani P.S. Case No. 52/2023, registered under Section 120B/ 279/379/420/413/511 IPC, he shall be released on furnishing bail bond of Rs.10,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority.
The direction for pre-arrest bail is subject to the conditions that the petitioner:
(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;
(b) 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.
List on 10.01.2024 for production of case diary.
JUDGE Comparing Assistant