Mahmudul Hassan @ Mahamudul Hassan Siddik v. State Of Assam
2020-03-17
MIR ALFAZ ALI
body2020
DigiLaw.ai
JUDGMENT 1. By this application u/s 438 Cr.P.C., the petitioner, namely, Mahmudul Hassan @ Mahamudul Hassan Siddik has prayed for pre-arrest bail apprehending arrest in connection with Mererchar P.S. Case No. 41/2019 under Sections 120(B)/366(A)/34 IPC. 2. Heard Mr. S. Munir, learned counsel for the petitioner and Mr. T.K. Mishra, learned Addl. Public Prosecutor for the State. Also perused the FIR and the documents annexed therewith as well as the case diary produced today. 3. Allegation against the petitioner was that of kidnapping the daughter of the informant by the petitioner. 4. Materials in the case diary do not justify the necessity of custodial interrogation of the petitioner, and as such, the prayer for pre-arrest deserves to be allowed. Accordingly, it is provided that in the event of arrest of the petitioner in connection with the aforementioned case, he shall be released on bail of Rs. 20,000/- with a solvent surety of like amount to the satisfaction to the arresting authority. This pre-arrest bail shall be subject to the following conditions :- i) The petitioner shall appear before the investigating officer within 15 days and co-operate with the investigation. (ii) 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. Send down the case diary. AB stand disposed of.