Gauhati High Court
Mahbobul Hoque Barlaskar Alias … vs The State Of Assam on 22 January, 2025
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GAHC010010052025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/113/2025
MAHBOBUL HOQUE BARLASKAR ALIAS MEHBUBUL HOQUE BARBHUIYA
S/O- LATE MAZBUL HOQUE BARLASKAR,
R/O- FLAT A 1, SUMITRA ENCLAVE , BYE LANE 12,
F.A AHMED ROAD, SIXMILE, DIST- KAMRUP (M), ASSAM, PIN-781022,
VERSUS
THE STATE OF ASSAM
REP BY THE PP ASSAM
Advocate for the Petitioner : BANDANA HAZARIKA, MD. MEMON AHMED,MS F N
ZAMAN,MS. R CHOUDHURY
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
22.01.2025
1. Heard Ms. R. Choudhury, learned counsel for the petitioner. Also
heard Mr. B. Sharma, learned Additional Public Prosecutor appearing for
the State of Assam.
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2. This is an application under Section 482 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the
accused/petitioner in connection with Hailakandi P.S. Case No. 285/2024
registered under Sections 120(B)/406/409/416/420/427/466/468/474/34
of the Indian Penal Code, 1860 arising out of CR Case No. 386/2024
registered under Sections 120(B)/406/409/416/420/427/466/468/474/34
of the Indian Penal Code, 1860 (G.R. Case No. 842/2024).
3. The Case Diary has been received and I have perused same.
4. It is submitted by the learned counsel for the petitioner, Ms.
Choudhury, that the present accused petitioner was working as a Branch
Manager at the relevant time of the incident and presently, he is
discharging his duties as a Senior Manager in the North Eastern Zonal
Office, Bhangagarh. It is further submitted by the learned counsel for the
petitioner that the accused/petitioner is no way connected with the
alleged offence and from the contents of the FIR it is seen that the
informant opened a bank account in the Customer Service Point (CSP)
under the accused No. 3. However, he is ready and willing to co-operate
with the Investigating Officer (IO), if he is granted with an interim
protection.
5. Mr. B. Sharma, the learned Additional Public Prosecutor
submitted in this regard that without the involvement of the Branch
Manager loan cannot be sanctioned and accordingly, he insisted for calling
for the case diary.
6. Considering the entire submissions made by the learned counsel
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for both the sides, let the case diary be called for fixing, 12.02.2025.
7. Further, considering the circumstances of this case and the
submissions made by the learned counsel for the petitioner, I find it a fit
case to grant the privilege of interim pre-arrest bail to the
accused/petitioner, till receipt of the case diary.
8. Accordingly, it is provided that in the event of arrest of the
accused/petitioner, namely, Mahbobul Hoque Barlaskar @Mehbubul Hoque
Barbhuiya, in connection with Hailakandi P.S. Case No.285/2024 registered
under Sections 120(B)/406/409/416/420/427/466/468/474/34 of the
Indian Penal Code, 1860 arising out of CR Case No. 386/2024 registered
under Sections 120(B)/406/409/416/420/427/466/468/474/34 of the
Indian Penal Code, 1860 (G.R. Case No. 842/2024, he shall be enlarged
on pre-arrest bail on his executing a bond of Rs. 20,000/- (Rupees twenty
thousand) only with one surety of like amount to the satisfaction of the
arresting authority, subject to the following conditions:
(i) that the petitioner shall make himself available for interrogation by
the Investigating Officer within 7(seven) days.
(ii) that 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; and
(iii) that the petitioner shall not leave the jurisdiction of the concerned
jurisdictional Magistrate, without prior permission.
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9. In the meantime, call for the Case Diary.
10. List the matter again on 12.02.2025.
JUDGE
Comparing Assistant
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