THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM
Case at a glance
Outcome
Allowed
Considering all aspects, petition is allowed
Provisions considered
Key paragraphs
- Para 99. Considering all aspects, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) each, with a suitable surety of like amount to the satisfaction of the arresting authority…
Judgment
Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND BEFORE ORDER
20.11.2024 Heard learned counsel, Mr H Ali for the petitioners, 1) Abdul Ali and 2) Md Jeherul Page No.# 2/3 Islam, who have filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Teok PS Case No. 79/2024, under Section 316(5) of the BNS, 2023.
Heard Mr K Baishya, learned Additional Public Prosecutor, Assam for the respondent State, who has raised serious objection stating that there is a huge racket and the stolen scrap batteries were tracked down from Teok up to Nalbari. The petitioners deal with scrap batteries and they have a shop as partners in Nalbari, selling such materials.
The learned Additional Public Prosecutor has further submitted that investigation may be adversely affected if the petitioners are admitted to bail.
I have also scrutinized the Case Diary.
There are indeed incriminating materials against the petitioners in the Case Diary and the petitioners may have been complicit.
I have considered the progress of investigation which has progressed substantially.
It appears that anticipatory bail may be granted to the petitioners.
Operative part
Considering all aspects, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) each, with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that: Page No.# 3/3 i) the petitioners shall appear before the IO within one week and cooperate with the investigation, ii) the petitioners shall refrain from such activities with which they are alleged, iii) the petitioners shall appear before the IO on every fortnight, till completion of investigation, iv) the petitioners shall not exercise threats to the witnesses or tamper with the evidence, v) the petitioners shall not leave the jurisdiction of the Court, without prior permission.
9.1. On breach of any of the bail conditions, bail order shall stand automatically cancelled.
Anticipatory Bail Application stands disposed of.
Send back the Case Diary. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Considering all aspects, petition is allowed
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482; Bharatiya Nyaya Sanhita, 2023 — s. 316(5).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.