Pre-arrest bail may be granted when the applicant cooperates with the investigation and circumstances indicate a lesser risk of flight or tampering with evidence.

Heard Mr. S.A. Barbhuyan, learned counsel for the applicant. Also heard Ms. N. Das, learned Addl. Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Laharighat P.S. Case No. 57/2024, under Section 379 of the IPC , this application under Section 438 Cr.P.C . has been preferred by the applicant, namely, Harish Uddin for grant of pre-arrest bail.

Page No.# 1/3 GAHC010098962024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1279/2024 HARISH UDDIN S/O SADEK ALI, A R/O VILL- NAM BAKALIA, P.S.-BUKULIA GHAT, P.O.- BUKULIA GHAT, DIST- KARBI ANGLONG (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR S A BARBHUYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER Date : 17.05.2024 Heard Mr. S.A. Barbhuyan, learned counsel for the applicant. Also heard Ms. N. Das, learned Addl. Public Prosecutor for the State respondent. 2. Apprehending arrest in connection with Laharighat P.S. Case No. 57/2024, under Section 379 of the IPC , this application under Section 438 Cr.P.C . has been preferred by the applicant, namely, Harish Uddin for grant of pre-arrest bail.

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3. It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Ikramul Islam on 22.03.2024. The essence of allegation made in the FIR dated 22.03.2024, is that on 11.01.2023, the motorcycle of the informant was stolen while the same was being parked in front of No. 1 Borsola Jama Masjid. 4. Mr. Barbhuyan, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and that the main accused of this case has already been arrested by police and also granted bail by the learned Sub-Divisional Judicial Magistrate (S), Morigaon, vide order dated 03.05.2024 in I.A.(Bail) No. 245/2024, and that the stolen motorcycle has already been recovered and seized by police, and that the applicant is ready to cooperate with the investigating agency and therefore, it is contended to allow the application.

5. On the other hand, Ms. N. Das, learned Addl. Public Prosecutor submits that at this stage, the case diary may be called for.

6. Having heard the submission of learned Advocates of both sides, perusal of the case diary is found to be necessary and accordingly, it is provided that the case diary be produced before this Court on 12.06.2024.

7. In the meantime, considering the submission of learned counsel for both the parties and also considering the nature of accusation and punishment prescribed for the same, this Court is inclined to extend the privilege of interim pre-arrest bail to the applicant till receipt of the case diary.

8. Accordingly, it is provided that in the event of arrest of the applicant in connection with Laharighat P.S. Case No. 57/2024, under Section 379 of the IPC , he shall be released on interim pre-arrest bail on executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting Page No.# 3/3 authority. The above privilege is, however, subject to the following conditions:

(i) The applicant shall make himself available for interrogation by the Investigating Officer as and when required;

(ii) The applicant 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) The applicant shall not leave the jurisdiction of the learned C.J.M., Morigaon without prior permission.

9. List the matter on 12.06.2024.