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2024 Supreme(Online)(GAU) 884

HIGH COURT OF GAUHATI
MRS. JUSTICE MITALI THAKURIA, J
ABUL KALAM AZAD – Appellant
Versus
THE STATE OF ASSAM – Respondent


Advocates:
MR. A KADDUS, PP, ASSAM

ORDER

24.06.2024 Heard Mr. A. Kuddus, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

This application filed under Section 438 of the Code of Criminal Procedure, 1973 , praying for grant of pre-arrest bail to the accused/petitioner, who is apprehending arrest in connection with Jogighopa P.S. Case No.53/2024 under Section 392 of the Indian Penal Code.

The Case Diary has been received and I have perused the same.

It is submitted by the learned counsel for the petitioner, Mr. Kuddus, that the present accused/petitioner is innocent and he is not at all involved in the alleged offence. It is contended by the petitioner that he is a raw material supplier of areca nuts and only on the basis of the call details collected by the IO, he has been suspected to be involved in the present case. He further submitted that one co-accused Ali Hussain has already been granted with the privilege of pre-arrest bail vide order dated 09.05.2024 in AB Case No.1070/2024 and thus, on the ground of parity, the learned counsel for the petitioner accordingly prays for privilege of pre-arrest bail and submits that he is ready and willing

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