Gauhati High Court
Page No.# 1/3 vs The State Of Assam on 9 February, 2022
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010022692022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/370/2022
JIYARUL HOQUE AND 2 ORS
S/O HAMIDUL HOQUE
R/O VILL- KANDULIMARI
P.S. CHHAYGAON
DIST. KAMRUP, ASSAM
2: HAMIDUL HOQUE
S/O SAYED ALI MAHAJAN
R/O VILL- KANDULIMARI
P.S. CHHAYGAON
DIST. KAMRUP
ASSAM
3: JIYARUL HOQUE
S/O ABDUL RASHID
R/O VILL- NATUN KATHMI
P.S. CHHAYGAON
DIST. KAMRUP
ASSA
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR N AHMED
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
09.02.2022 Heard Mr. B. Chowdhury, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor, Assam appearing for the State respondent.
By this petition filed under Section 438 Cr.P.C., the petitioners, namely, i) Jiyarul Hoque ii) Hamidul Hoque and iii) Jiyarul Hoque have prayed for granting pre-arrest bail, apprehending arrest in connection with Chhaygaon P.S. Case No. 52/2022 under Sections 376/420/354C/506 of the IPC (G.R. Case No. 94(K)/2022).
Call for the case diary along with medical report and statement u/s 164 Cr.P.C. fixing 25.03.2022.
Considering the facts and circumstances of the case, it is provided that in the event of arrest, each of the petitioners No. 2 and 3 named above, shall be released on interim pre-arrest bail, in connection with the above noted case, on furnishing bail bond of Rs.25,000/- each with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:
(i) That the petitioners 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 petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the Page No.# 3/3 facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
JUDGE Comparing Assistant