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Akkas Ali And Others v. State Of Assam Rep. By Pp

Akkas Ali And Others v. State Of Assam Rep. By Pp

(High Court Of Gauhati)

AB No. 3017 of 2018 | 07-01-2019

1. Heard Mr. H Ali, learned counsel for the accused-petitioners as well as Mr. TK Mishra, learned Additional Public Prosecutor, appearing for the State respondent.

2. This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1. Akkas Ali, 2. Amjat Ali, 3. Idrish Ali, 4. Yachin Ali, and 5. Firoj Ali, in connection with Changsari PS Case No. 236/2018 registered under Sections 120(B)/407 of the IPC.

3. Perused the petition as well as the annexures furnished therewith. Also perused the case diary produced before this court.

4. On perusal of the statement of the witnesses as well as the accused in the case diary, it does not appear that the petitioners are implicated by any of them. Their names have not appeared in the materials so far collected by the Investigating Police Officer. That being so, this court is of the view that the accused-petitioners be granted the privilege of pre-arrest bail. Accordingly, granted.

5. The accused-petitioners shall appear before the Investigating Police Officer within a period of 7 (seven) days from today, and, in the event of their arrest, they shall be released on furnishing a bail bond of Rs. 10,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority, 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, and

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 him from disclosing such facts to the Court or to any police officer. Return the case diary.

The petition stands disposed of accordingly.

Advocate List
  • For Petitioner : Mr. H Ali, for the Appellant; PP, Assam, for the Respondent
Bench
  • HON'BLE JUSTICE HITESH KUMAR SARMA, J.
Eq Citations
  • LQ/GauHC/2019/9
  • LQ/GauHC/2019/8
Head Note

Penal Code, 1860 — Ss. 120(B) & 407 — Pre-arrest bail — When warranted — Non-implication of accused-petitioners by any of the witnesses or accused in the case diary — Their names not appearing in the materials so far collected by the Investigating Police Officer — Pre-arrest bail granted