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2025 DAILYLAW 22038 (GAU)

SYED JIAUR RAHMAN @ JIAUR RAHMAN AND 2 ORS v. THE STATE OF ASSAM

AB/3337/2024 · 2025-01-07

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010271272024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3337/2024 SYED JIAUR RAHMAN @ JIAUR RAHMAN AND 2 ORS S/O LATE SYED TAFSILUDDIN AHMED, RESIDENT OF VILLAGE AND PO MAZDIA, PS SARTHEBARI, DIST BARPETA ASSAM 2: SAILEN PATHAK @ SAILENDRA PATHAK S/O LATE BISHNU RAM PATHAK RESIDENT OF VILLAGE NAGAON PO NAGAON PS BARPETA DIST BARPETA ASSAM 781311 3: NUR MOHAMMED ALI S/O SORHAB ALI RESIDENT OF VILLAGE BARVITHA (PADMAPARA) PO JATRADIA PS TARABARI DIST BARPETA ASSAM 78130 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : R L CHUTIA, MR. I CHOUDHURY Advocate for the Respondent : PP, ASSAM, BEFORE Page No.# 2/3 HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 08.01.2025 Heard Mr. I. Choudhury, learned counsel for the petitioners. Also heard Mr. R. R. Kaushik, 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) Syed Jiaur Rahman @ Jiaur Rahman (2) Sailen Pathak @ Sailendra Pathak (3) Nur Mohammed Ali, apprehending arrest in connection with Tarabari P.S. Case No. 65/2024 registered u/s 120B/468/471/467 of the IPC. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 18.12.2024, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions. Mr. Kaushik, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioners appeared before the investigating officer and got their statements 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 petitioners may not be necessary in the interest of the ongoing investigation into the case. Accordingly, the interim pre-arrest bail granted vide order, dated 18.12.2024 is hereby made absolute, subject to the following conditions- (i) That the petitioners shall co-operate in investigation as and when required; and Page No.# 3/3 (ii) That 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. This disposes off the anticipatory bail application. JUDGE Comparing Assistant