Adil Javed Khanikar @ Adim Jamat v. The State of Assam

ORDER

20.09.2024 Heard Mr. M. Biswas, learned counsel for the petitioner Adil Javed Khanikar @ Adim Jamat, who has filed this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Golaghat Police Station Case No. 133/2024 under Sections Page No.# 2/3 61(2)/316(2) & 318 of the Bharatiya Nyaya Sanhita, 2023.

¶2Also heard Mr R R Kaushik, learned Additional Public Prosecutor, Assam for the respondent State. The learned Additional Public Prosecutor has raised objection stating that the petitioner is not entitled to interim bail without perusal of the Case Diary. It is submitted on behalf of the learned Additional Public Prosecutor that solely on the submissions of learned counsel for the petitioner, the prayer for interim bail on the ground of parity, cannot be considered.

¶3It is submitted that similarly circumstanced accused have already been granted bail by the learned Chief Judicial Magistrate, Golaghat vide order dated 29.07.2024 in connection with G.R. No. 334/2024 arising out of Golaghat Police Station Case No. 133/2024.

¶4It is submitted on behalf of the petitioner that the petitioner had no role in purchase or sale of the Bike. The name of the petitioner figures in the FIR only because the petitioner was friend of Babul Ali who accompanied him for the purchase of Bike, however, the petitioner is completely unaware of any such fraudulent design that Babul Ali harboured in his mind. The entire purchase and sale of the Bike was orchestrated by Babul Ali who was arrested in connection with this case and enlarged on bail by learned CJM, Golaghat. Alongwith Babul Ali, few other co-accused named in the FIR were also enlarged on bail vide order dated 29-07-2024.

¶5I have considered the submissions at the bar with circumspection. Page No.# 3/3

¶6The co-accused have already been granted bail by the learned CJM, Golaghat.

¶7I have considered the submission that custodial interrogation may not be required as the co-accused who were arrested, were already interrogated by the police. I have also considered the submission that the petitioner is willing to cooperate with the investigation.

¶10The petitioner has appeared before the IO and his statement has been recorded. The petitioner has not violated any bail conditions.

¶11The interim order dated 13.08.2024, is hereby made absolute.

¶12Anticipatory Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010159342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2104/2024 ADIL JAVED KHANIKAR @ ADIM JAMAT S/O IMRAN HUSSAIN, R/O SANTIPUR, WARD NO. 3, P.S.-GOLAGHAT, P.O.- GOLAGHAT, DIST-GOLAGHAT VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M BISWAS, S K DAS,A GHOSAL,J SINGPHO Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND