THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. A RAHMAN Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

30.03.2022 ORDER Heard Mr. A Rahman, learned counsel for the petitioners. Also Heard Mr. P. Borthakur, 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 (1) Mamataj Begum Prodhani @ Mamtaz Bibi (2) Rahim Ali Pradhani (3) Achiya Bibi (4) Nowsad Ali, apprehending their arrest in connection with Dhubri P.S. Case No. 1258/2021 registered u/s 143/294/325/354/379/326/506 of the IPC. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 13.12.2021, this Court granted the privilege of interim pre-arrest bail to the petitioner Nos. 2, 3 and 4. Mr. P. Borthakur, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner Nos. 2, 3 and 4 appeared before the investigating officer and got their statements recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier.

There is no adverse report against the petitioners from the I.O. Therefore, the interim pre-arrest bail granted to the petitioner Nos. 2, 3 and 4 vide order, dated 13.12.2021 is hereby made absolute, subject to the following conditions- (i) That the petitioner Nos. 2, 3 and 4 shall co-operate in Page No.# 3/3 investigation as and when required; (ii) That the petitioner Nos. 2, 3 and 4 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 As, there is no sufficient prima facie material warranting custodial interrogation of the petitioner No.1. This Court finds that the privilege of pre- arrest bail to them may be considered. Accordingly, it is provided that in the event of arrest, the petitioner No.1, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.

20,000/- with one local surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions: (i) That the petitioner No.1 shall appear before the Investigating Officer within 10 days, failing which, on and from the 11th day, this interim pre-arrest bail order shall have no force; and (ii) That the petitioner No.1 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