Gauhati High Court
Rahim Ali vs The State Of Assam on 16 June, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/2
GAHC010083042020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1445/2020
1:RAHIM ALI
S/O- LATE UNISH ALI, R/O. VILL-PIYALIKHATA, PS- CHANGSARI, DIST-
KAMRUP, ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY PP ASSAM
Advocate for the Petitioner : MR. K K HANDIQUE
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 16-06-2020 Heard Mr. K.K. Handique, learned counsel for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor for respondent, State of Assam. This application under Section 438, Code of Criminal Procedure, 1973 (CrPC) has been filed praying for pre-arrest bail of the petitioner viz. Md Rahim Ali, apprehending his arrest, in connection with Changsari Police Station Case no. 190/2020, registered under Sections 420/406/354/380, Indian Penal Code (IPC).
The allegations in the First Information Report (FIR) are, inter alia, to the effect that the petitioner had given a commitment in writing to pay the informant an amount of Rs. 80,000/- which he owed in respect of sale of a plot of land. The further allegation is to the effect that on 21.03.2020, the petitioner had entered the house of the informant and stolen away the original agreement, Rs. 1,00,000/- and gold ornaments. The petitioner is the uncle of the Page No.# 2/2 informant. It is admitted on behalf of the petitioner that there is a dispute between the informant and the petitioner and the petitioner had, in fact, owed an amount of Rs. 80,000/- in respect of which he had executed a hand note on 12.07.2013. But the petitioner has denied the allegations.
Call for the case diary.
Having considered the nature of the allegations, it is provided, in the interim, that in the event of the arrest of the petitioner in connection with Changsari Police Station Case no. 190/2020, he shall be released on bail on furnishing a bail bond of Rs. 10,000/- with one local surety of the like amount, to the satisfaction of the arresting authority on the following conditions :
1) The petitioner shall appear before the Investigating Officer (I.O.) of the case within 10 (ten) days from today,
2) The petitioner shall not leave the territorial jurisdiction of the Officer In- Charge of the Changsari Police Station,
3) The petitioner shall not hamper with the investigation or tamper with the evidence of the case; and List the matter on 16.07.2020 for production of the case diary.
Let a copy of this order, if requested, be issued to the learned counsel for the petitioner under the signature of the Court Master.
JUDGE Comparing Assistant