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2025 DAILYLAW 21796 (GAU)

SAKOWAT HUSSAIN v. THE STATE OF ASSAM

AB/3340/2024 · 2025-01-28

Malasri Nandi

body2025

Judgment text

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Page No.# 1/3 GAHC010266462024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3340/2024 SAKOWAT HUSSAIN S/O ABDUL MOMIN R/O VILL- JORDANGA BARMANPARA, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR Z HUSSAIN, MR A K DAS,MR. RASHIDUL ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 29.01.2025 1. Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor appearing for the State of Page No.# 2/3 Assam. 2. By this application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Sakowat Hussain, has prayed for granting pre-arrest bail, apprehending arrest in connection with Mankachar P.S. Case No. 162/2024 under Section 303(2)/317(2) of the BNS, 2023, read with Section 7 of Essential Commodity Act. 3. The Case Diary, as called for, is placed before the Court. 4. It may be mentioned that by order, dated 19.12.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. 5. Mr. D.P. Goswami, 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 180 BNSS 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 19.12.2024 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. 6. Return the case diary. Page No.# 3/3 7. This disposes off the anticipatory bail application. JUDGE Comparing Assistant