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2020 DIGILAW 26 (GAU)

Syed Hamidur Rahman v. State Of Assam

2020-01-07

MANISH CHOUDHURY

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JUDGMENT 1. Heard Mr. U.K. Barman, learned counsel for the petitioner. Also heard Mr. T.K. Misra, learned Additional Public Prosecutor for the State. 2. By this application under Section 438, Code of Criminal Procedure, 1973 (Cr.P.C.), the petitioner viz. Syed Hamidur Rahman has prayed for pre-arrest bail apprehending his arrest, in connection with Changsari Police Station Case No. 577/2019, registered under Sections 147/448/427/380, I.P.C. 3. The informant has lodged the FIR on 12.12.2019 making allegations that on that day at about noon, a number of miscreants had unauthorizedly entered into the office of his political party and destroyed the furniture, documents, etc. inside the office. The petitioner asserted that he is a member of the rival political party and the petitioner has not been named in the FIR but on the pretext of the institution of the FIR, the petitioner has apprehended that he might be arrested in connection with the case. 4. The case diary, as called for, has been received. It is submitted by Mr. Misra, that a number of arrest has been made in connection with the case under reference. From the materials collected during the investigation, nobody has implicated the present petitioner and in the investigation carried out so far, the involvement of the petitioner has not been found. 5. Upon consideration of the aforesaid facts, I am of the considered view that the privilege of pre-arrest bail can be extended to the petitioner provided, he cooperates with the investigation as and when his presence is required by the Investigating Officer of the case. 6. Accordingly, it is directed that the petitioner shall appear before the Investigating Officer of the case within a period of 10 (ten) days from today and in the event of his arrest, the petitioner shall be released on bail on furnishing of a bail bond of Rs. 10,000/- with one local surety of the like amount, to the satisfaction of the arresting authority, subject to the following conditions:- 1. The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from its Officer-in-Charge, Changsari Police Station; 2. The petitioner shall not hamper with the investigation or tamper with the evidence of the case; and 3. The petitioner shall not leave the territorial jurisdiction of the police station, without prior written permission from its Officer-in-Charge, Changsari Police Station; 2. The petitioner shall not hamper with the investigation or tamper with the evidence of the case; and 3. 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. The bail application stands disposed of in the afore-mentioned terms. Return the Case diary.