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2020 DIGILAW 413 (GAU)

Jalal Uddin v. State Of Assam

2020-03-20

MANISH CHOUDHURY

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JUDGMENT 1. Heard Mr. K. Rahman, learned counsel for the accused-petitioners and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State of Assam. 2. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioners viz. 1) Jalal Uddin, 2) Shah Ali, 3) Kalam @ Raju Das and 4) Alal Uddin have prayed for pre-arrest bail apprehending their arrest, in connection with Laluk Police Station Case No. 02/2020, corresponding to G.R. Case No. 19/2020 under Sections 420/406, IPC. 3. The case diary as called for, has been received by the learned Additional Public Prosecutor for the State. 4. In the FIR lodged by the informant on 01.01.2010, he has, inter-alia, alleged that during the period from 29.05.2019 to 11.08.2019, he had been duped on different dates by the 5 (five) persons named in the FIR including the present 4 (four) accused-petitioners for an amount of Rs. 12,43,000/-. It is, however, not mentioned for what reason the said money was handed over by the informant to the accused persons, named in the FIR. 5. The materials in the case diary reveal that one of the named accused person viz. Inoor Khan had been arrested in the meantime and in his statement, he had admitted about a sum of Rs. 40,000/- and involvement of the 2 (two) of the accused persons, named therein. 6. Upon due consideration of the nature of allegations made in the FIR and the materials collected during the course of investigation carried out so far, as available in the case diary so produced, this Court is of the considered view that the privilege of pre-arrest bail can be extended to the accused-petitioners, provided they extend their cooperation in the further investigation of the case by joining the investigation. 7. Accordingly, it is provided that in the event of their arrest in connection with Laluk Police Station Case No. 02/2020, the accused-petitioners shall be released on bail on furnishing a bail bond of Rs. 20,000/- each with one suitable surety each of the like amount, to the satisfaction of the arresting authority, subject to the following conditions:- 1. 7. Accordingly, it is provided that in the event of their arrest in connection with Laluk Police Station Case No. 02/2020, the accused-petitioners shall be released on bail on furnishing a bail bond of Rs. 20,000/- each with one suitable surety each of the like amount, to the satisfaction of the arresting authority, subject to the following conditions:- 1. The accused-petitioners shall appear before the Investigating Officer of the case once in every week for the next 8 (eight) weeks and thereafter, shall appear before the Investigating Officer of the case as and when their presence are required for the purpose of further investigation of the case and shall cooperate with the investigation; 2. The accused-petitioners shall not leave the territorial jurisdiction of the police station, without prior written permission from its Officer-in-Charge, Laluk Police Station; 3. The accused-petitioners shall not hamper with the investigation or tamper with the evidence of the case; and 4. The accused-petitioners 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. 8. The application stands disposed of in the aforesaid terms.