BAHARUL ISLAM AND 2 ORS. v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-11-25. BAHARUL ISLAM AND 2 ORS. v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010122202020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2355/2020 BAHARUL ISLAM AND 2 ORS. S/O MD. IDRISH ALI, R/O UTTAR KALJAR, P. S. HOWLY IN THE DIST. OF BARPETA, ASSAM 2: IDRISH ALI 3: HANNAN AL VERSUS THE STATE OF ASSAM REPRESENTED BY PP, ASSAM. Advocate for the Petitioner : MR. P KATAKI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER Date : 25-11-2020 Heard Mr. P. Kataki, learned counsel for the petitioners. Also Heard Mr. N. K. Kalita, learned Addl. Public Prosecutor, Assam appearing for the State respondent. This petition under Section 438 Cr. P. C. , is filed for granting the privilege of pre-arrest bail to the petitioners, namely i) Md. Baharul Islam ii) Md. Idrish Ali and iii) Md. Page No. # 2/2 Hannan Ali, apprehending arrest in connection with Howly P. S. Case No. 357/2020 corresponding to G. R. Case No. 4002/2020 registered u/s 420/376/34 of the IPC.
The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 16. 09. 2020, this Court granted the privilege of interim pre-arrest bail to the petitioners. Perusal of the case diary does not reveal sufficient incriminating material against the petitioners. In compliance of the interim pre-arrest bail granted earlier, the petitioners appeared before the I. O. and got their statements recorded u/s 161 Cr. P. C. Therefore, the interim pre-arrest bail granted vide order, dated 16. 09.
2020 is hereby made absolute, subject to the following conditions- (i) That the petitioners shall co-operate in investigation as and when required; (ii) That 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 him from disclosing such facts to the Court or to any police officer; and (iii) That the petitioners shall not hamper or tamper with the investigation in any manner. Return the case diary. This disposes off the anticipatory bail application. JUDGE Comparing Assistant
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