Jakir Hussain vs State Of Assam

The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.

This is an application made under Section 438 Cr.P.C., seeking pre-arrest bail by the petitioner, namely, apprehending arrest in connection with

Mukalmua Police Station Case No. 209 of 2020, (corresponding to GR Case No. 1046/2020), registered under Sections 406/408/409/420/468/471 of

the IPC.

Heard Mr. B. Chowdhury, learned counsel for the petitioner as well as Mr. B.B. Gogoi, learned Additional Public Prosecutor, appearing for the State

of Assam.

Mr. Gogoi, learned Additional Public Prosecutor, referring to the materials in the case diary, has submitted that the informant has compromised the

matter with the accused-petitioner and he has also stated, in such compromise deed, that the case was instituted as he was not paid the amount due to

him by the accused-petitioner.

The learned counsel for the petitioner has referred to the order, dated 23-03-2021, passed in AB No. 720/2021 and stated that in that case, on nearly

similar facts, the petitioner was granted bail, the matter being settled between them.

The learned counsel for the petitioner has also submitted that paragraph 15 of the petition be ignored as the same was incorporated in the petition

inadvertently which has no relevance in the matter in issue. Accordingly, paragraph 15 has not been considered.

The facts appearing from the case diary including the settlement document as available therein, prima facie, raise doubt about the veracity of the

allegation itself. However, this view is tentative and for the purpose of this pre-arrest bail application only.

Considering such facts, the petitioner is granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the petitioner

above named, in connection with the case aforementioned, he shall be released on furnishing bail bond of Rs.20,000/-, with a suitable surety of the like

amount, to the satisfaction of arresting authority.

The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating of concerned Police Station, within seven days from today and shall co-operate with the investigation;

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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.

The petition stands disposed of accordingly. Return the case diary.