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2020 DIGILAW 137 (GAU)

Rafikul Islam v. State Of Assam

2020-02-05

MIR ALFAZ ALI

body2020
JUDGMENT 1. Heard Mr. SC Biswas, learned counsel for the petitioner and Mrs. A Begum, learned Addl. PP, Assam. 2. This is an application under Section 438 Cr.P.C. filed by the petitioners, namely, Rafikul Islam, praying for pre-arrest bail apprehending arrest in connection with Sarbhog PS Case No.160/2019 corresponding to GR Case No. 3897/2019 under section 366 (A) IPC. 3. Case diary called for is received and perused today. 4. The allegation made in the FIR was that the present petitioner in connivance with two other accused persons kidnapped the daughter of the informant. Case diary shows that the statement of the victim was recorded under Section 161 as well as 164 Cr.P.C. Having considered the material in the case diary particularly the statement of the victim recorded, this Court is of the view that custodial interrogation of the petitioner may not be necessary in the instant case for the investigation. 5. Accordingly, it is provided that, in the event of arrest of the petitioner in connection with the aforementioned case, the petitioner above named shall be released on furnishing a bail bond of Rs.20,000/-, with a suitable surety of the like amount to the satisfaction of the arresting authority. The pre-arrest bail is subject to the following conditions: 1. The petitioner shall appear before the Investigating Officer within 15 days along with all the documents and co-operate with the investigation. 2. 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. The pre-arrest bail application stands disposed of. Send back the case diary.