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Judgments of Supreme Court of India and High Courts

Nurul Islam Ansari And Anr vs The State Of Assam on 5 April, 2019

Page No.# 1/2

GAHC010051232019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : AB 710/2019

1:NURUL ISLAM ANSARI AND ANR.
S/O ABDUL BARI ANSARI, VILL-BORNIBREASE TEA GARDEN, P.S.-
ALGAPUR, DIST-HAILAKANDI

2: ABU SALAM MIA @ ABU SALAM ANSARI
S/O MD. JAMAL MIA
VILL-BORNIBREASE TEA GARDEN
P.S.-ALGAPUR
DIST-HAILAKAND

VERSUS

1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR. A M BARBHUIYA

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

ORDER

Date : 05-04-2019

This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the
petitioners, namely, 1) Nurul Islam Ansari, and 2) Abu Salam Mia @ Abu Salam Ansari, in
connection with Algapur PS Case No. 278/2018 under Sections 354/506/34 IPC.
Heard Mr. A.M. Barbhuiya, learned counsel for the petitioners as well as Mr. T.K. Mishra,
learned Additional Public Prosecutor for the state respondent.
Case diary produced has been perused.

Page No.# 2/2

On perusal of the materials in the case diary, it does not appear that the allegation under
Section 354 IPC is substantiated. However, this view is tentative and for the purpose of this
bail application only.

In view of the materials in the case diary as well as the fact that after obtaining interim pre-
arrest bail, the petitioners appeared before the investigating officer and got their statements
recorded. They are not misused the liberty granted to them while availing interim pre-arrest
bail, the petitioners are granted the privilege of pre-arrest bail.
The interim pre-arrest bail granted to the petitioners, vide order dated 11.3.2019, is made
absolute on the same terms and conditions.

The petition stands disposed of.

Return the case diary.

JUDGE

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