High CourtsSingle Bench

Aynal Hoque vs State Of Assam

Gauhati HC · Decided on 1 July 2021 · Citation: (2021) 07 GAU CK 0009

HON’BLE JUDGES
Soumitra Saikia, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 143, 294, 307, 342 · Juvenile Justice (Care and Protection of Children) Act, 2015 — Section 75
CASE NUMBER
Anticipatory Bail No. 1780 Of 2021
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Judgment

20 paragraphs · 364 words
1.

Because of COVID Pandemic situation, the Court proceedings are conducted through Video Conferencing.

2.

Heard Mr. S. M. Abdullah P, learned counsel for the petitioner. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

3.

This anticipatory bail application under Section 438 Cr.P.C., has been filed by the petitioner, namely, Aynal Hoque apprehending arrest in

connection with Chhaygaon P.S. Case No. 648/2021 under Sections 143/342/307/294 of IPC read with Section 75 of the Juvenile Justice Act, 2015.

4.

The learned counsel for the petitioner submits that the petitioner although named as accused No. 1 in the FIR is not at all connected with the case.

He, therefore, submits that interim protection prayed for be granted.

5.

Let the case diary be called for in connection with the aforesaid case. In the meantime, if the petitioner is arrested in connection with Chhaygaon

P.S. Case No. 648/2021 under Sections 143/342/307/294 of IPC read with Section 75 of the Juvenile Justice Act, 2015, he shall be released on interim

bail upon furnishing a bail bond of Rs.15,000/- (Rupees Fifteen Thousand Only) with two local sureties of like amount to the satisfaction of the

Arresting Authority. The interim bail granted shall, however, be subject to the following conditions:-

1.

That the petitioner shall make himself available before the investigating officer within 7(seven) days from today and co-operate with the

investigation;

2.

That the petitioner shall not hamper with the investigation or tamper with any evidence of the case;

3.

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; and

4.

That the petitioner shall not leave the territorial jurisdiction of the Chhaygaon Police Station, without obtaining prior written permission from the

concerned Investigating Officer of the case.

6.

If any of the above conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the interim bail

granted to the petitioner.

7.

List this matter again on 9th August, 2021 for production of case diary.