Imran Hussain And 2 Others vs State Of Assam

Heard Mr. J. Sarmah, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor, Assam appearing for the

State respondent.

By this petition filed under Section 438 Cr.P.C., the petitioners, namely i) Imran Hussain ii) Imdadul Rahman and iii) Saidul Islam Laskar have prayed

for granting pre-arrest bail, apprehending arrest in connection with Jamunamukh P.S. Case No. 20/2021 under Sections 364A/120B of the IPC.

The Case diary, as called for, is placed before the Court.

Mr. R.J. Baruah, learned Additional Public Prosecutor, submits that perusal of the case diary reveals prima facie incriminating material against the

petitioners No. 1 and 3. Mr. Baruah further submits that there is no sufficient prima facie incriminating material against the petitioner No. 2.

In the backdrop of facts and evidence that have emerged from the case diary, this Court finds it not a fit case to grant the privilege of pre-arrest bail

to the petitioners No. 1 and 3.

Accordingly, the anticipatory bail application stands rejected in respect of the petitioners No. 1 and 3.

So far the pre-arrest bail application of the petitioner No. 2 is concerned, this Court finds that there is no sufficient prima facie incriminating material

against the petitioner No. 2 requiring his custodial interrogation, subject, of course, to final outcome in investigation.

Accordingly, it is provided that in the event of arrest, the petitioner No. 2, namely Imdadul Rahman, shall be released on pre-arrest bail, in connection

with the above noted case on furnishing bail bond of Rs. 50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of the

arresting authority, subject, of course, to the following conditions:

(i) That the petitioner No. 2 shall appear before the Investigating Officer within 10 days; and

(ii) That the petitioner No. 2 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 of the anticipatory bail application.