Mohammed Abul Hussain v. The State of Assam

ORDER

28.11.2024

¶1Heard Mr. P. Bordoloi, learned counsel for the petitioner is present. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the Page No.# 2/3 State of Assam.

¶2The learned counsel for the petitioner has submitted that the petitioner was allowed to go on interim anticipatory bail by this Court, by order dated 19.09.2024 and in pursuant to the directions of this Court, the petitioner has appeared before the Investigating Officer and has co-operated in the investigation.

¶3The learned counsel for the petitioner has also submitted that in the meanwhile, the main accused in the FIR has already been granted bail by this Court, by order dated 08.11.2024 passed in Anticipatory Bail No. 2430/2024.

¶4The learned counsel for the petitioner has submitted that the petitioner is no way involved in the offence alleged in the FIR. The search for him was made by police only because he happens to be the brother of one Md. Anwar Hussain, who is the owner of New Hamdan Medical.

¶5Learned Additional Public Prosecutor submits that though the case diary of Doboka P.S. Case No. 148/2024 is available, however, there is no endorsement in the said case diary, as to whether the present petitioner has appeared before the Investigating Officer or not.

¶6I have considered the submissions made by the learned counsel for both the sides.

¶7On perusal of the FIR, it appears that two accused persons were named in the FIR and there is also allegation that three pharmacists are also involved in the malpractices and one of the pharmacists named in the FIR is New Hamdan Medical. Since the main accused in the FIR has already been granted bail and as there is nothing in the case diary to suggest that the petitioner has abused the liberty granted to him. Hence, the interim anticipatory bail granted to the above-named petitioner, by order dated 19.09.2024 is hereby Page No.# 3/3 made absolute with following condition that the petitioner shall once again appear before the Investigating Officer of Doboka P.S. Case No. 148/2024 within a period of 15(fifteen) days from the date of this order and shall co-operate in investigation.

¶8With the above observations, this anticipatory bail is hereby disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010192352024 2024:GAU-AS:11846 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2481/2024 MOHAMMED ABUL HUSSAIN S/O MD. ABDUL MUTLIB R/O 64, HAJI ANFAR ALI COLLEGE ROAD, WARD NO. 10, DOBOKA TOWN, DOBOKA, P.O. AND P.S. DOBOKA, PIN-782440, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. P BORDOLOI, MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA