SANIDUL HAQUE AND 2 ORS. v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-11-27. SANIDUL HAQUE AND 2 ORS. v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010159402020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3226/2020 SANIDUL HAQUE AND 2 ORS. S/O. AMIR HAMZA, VILL. BALARCHAR, P. O. KIRTANPARA, P. S. MERERCHAR, DIST. BONGAIGAON, ASSAM. 2: IMDADUL HAQUE 3: AMIR HAMZ VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM. Advocate for the Petitioner : MR. B HALDAR Advocate for the Respondent : PP, ASSAM BEFORE THE HON’BLE MR JUSTICE PRASANTA KUMAR DEKA O R D E R 27. 11. 2020 Heard Mr. S Barman, learned counsel for the petitioners. Mr. H Sarma, learned Additional Public Prosecutor for the State of Assam produced the case diary. This is an application filed under Section 438 Cr. P. C. seeking pre-arrest bail to the accused petitioners, namely, 1) Sanidul Haque, 2) Imdadul Haque and 3) Amir Hamza in connection with Howly police station case No. 380/2020 under Sections 120(B)/420/376/34 IPC. Page No. # 2/2 I have perused the statement of the victim under Section 164 Cr. P. C.
and from the case diary it is found that she refused to be examined medically. Taking of Rs. 1,00,000/- is silent and not supported by any witnesses though the petitioner named three other persons in her statement. Accordingly, I am satisfied to grant the privilege of pre-arrest bail to the petitioner No. 1, Sanidul Haque and in the event of his arrest in connection with Howly Police Station Case No. 380/2020 under Section 120(B)/420/376/34 IPC, he shall be released on bail on furnishing bail bond of Rs. 10,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. In respect of other two petitioners, namely, Indadul Haque and Amir Hamza, the interim order dated 11. 11. 2020 granting them pre-arrest bail is made absolute.
The pre-arrest bail is granted on the following conditions: (1) The petitioners shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge, (2) The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, (3) The petitioners 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 them from disclosing such facts to the Court or to any police officer, (4) The petitioners shall continue to appear before the Investigating Officer of the above mentioned case after every 10(ten) days from the date of first appearance till such time the attendance is dispensed with by the said investigating officer. Bail petition stands disposed of. Send back the case diary. JUDGE Comparing Assistant
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