LAWS(GAU)-2020-6-80

SAFIQUL ISLAM Vs. STATE OF ASSAM

Decided On June 18, 2020
SAFIQUL ISLAM Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, learned counsel for the petitioners. Also heard Mrs. S.H. Bora, learned APP appearing for the State, who has produced the case diary.

(2.) By this application under section 438 Cr.P.C., the petitioners are seeking pre-arrest bail in connection with Gorchuk P.S. Case No. 51/2020 under section 342/307/365/384/394 IPC.

(3.) On perusal of the case diary, it appears that there is a financial transaction between the parties. In the statement of the informant recorded by the police, it was stated that the petitioners had given money to get a job in the railways. The case diary does not disclose that the petitioners are working as employees of the railway. However, in the FIR, there is no mention of pervious financial transaction by which the informant gave money to the petitioners for railway job. Under such circumstances, the Court is of the considered opinion that custodial interrogation of the petitioners may not be necessary and, as such, the interim bail granted to the petitioner, namely, Safiqul Hoque and Rajib Sarma in connection with the aforesaid case by order dated 06.03.2020 is made absolute on the same terms.