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2023 DIGILAW 1547 (GAU)

Anowar Ali @ Mondal S/o Intaz Ali Mondal v. State of Assam

2023-12-22

DEVASHIS BARUAH

body2023
JUDGMENT : DEVASHIS BARUAH, J. 1. This is an application under Section 438 of the Cr.P.C. filed by the applicants, namely (1) Sri Anowar Ali @ Mondal; (2) Sri Shikim Ali @ Sikim Ali and (3) Smti. Johiron Bibi @ Musstt. Jahiron Bibi for grant of pre-arrest bail in respect to Gauripur P.S. Case No. 403/2023, registered under Section 120(b)/376/34 of the IPC corresponding to G.R. Case No. 1686/2023. 2. Call for the up-to-date case diary fixing 18.01.2024. 3. I have perused the FIR and from a perusal of the FIR it is seen that prima-facie the allegation under Section 376 of the IPC is not made out against the applicants. This Court is of the opinion that the applicants are entitled to interim protection. As such, in the interim, it is provided that till the next date, in the event of arrest of the applicant in connection with the aforementioned Case, they shall be released on bail on furnishing a bail bond of Rs. 15,000/- (Rupees fifteen thousand) each with suitable sureties of the like amount to the satisfaction of the arresting authority. The interim pre-arrest bail is subject to the following conditions: (i) The applicants shall appear before the Investigating Officer on 02.01.2024 for recording their statements and shall co-operate with the investigation of the case as and when necessary. (ii) The applicants 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/her from disclosing such facts to the Court or to any police officer. (iii) The applicants shall not leave the territorial jurisdiction of learned SDJM (S), Dhubri without prior permission. (iv) The applicants shall not hamper with the investigation of the case and tamper with the evidence. (v) The applicants shall provide assistance to the Investigating Officer as and when required. 4. List accordingly.