MD. IMRAN ANSARI v. THE STATE OF ASSAM
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 161, 438
- Indian Penal Code, 1860
- Disaster Management Act, 2005 ss. 51(b), 55(2), 58(2)
Judgment
MD. IMRAN ANSARI S/O MD. MUNAUWAR OFFICE OF THE PROJECT MONITORING UNIT,NHIDCL, JORHAT, C/O SRI DIGANTA BORA, 2ND FLOOR, CHIROTIA HAZARI LINK ROAD, PULIBOR, JORHAT, ASSAM-785006 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
03.08.2023 ORDER Heard Mr. P. J. saikia, learned Sr. Advocate assisted by Mr. K. J. Saikia, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, 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 petitioner, namely, Md. Imran Ansari, apprehending arrest in connection with Teok P.S. Case No. 93/2023 (Corresponding to G.R. Case No. 446/2023) registered u/s 188/304/34 Page No.# 2/2 of the IPC read with Section 51(b)/55(2)/58(2) of Disaster Management Act, 2005. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 24.05.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. B. B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C. in terms of the interim pre-arrest bail granted earlier. This Court finds that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated
24.05.2023 is hereby made absolute, subject to the following conditions- (i) That the petitioner shall co-operate in investigation as and when required; and (ii) That the petitioner 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. This disposes off the anticipatory bail application. JUDGE Comparing Assistant
Precedent status how later indexed judgments have treated this case
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