Allowed

Sahabuddin Ahmed v. the State of Assam

Gauhati HC1 Oct 2018AB/2260/2018

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail to the petitioner who feared arrest in a case alleging abduction under IPC Sections 366/34. The Court noted the parties were in a consensual relationship and ordered a bail bond with conditions.

What did the court decide?

Pre-arrest bail allowed on furnishing a bail bond of Rs. 15,000 with suitable surety, subject to conditions of appearing before the Investigating Officer within 15 days and not interfering with witnes

Sahabuddin Ahmed Vs the State of Assam — Anticipatory Bail | Gauhati HC (2018)

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GAHC010158332018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 2260/2018

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1:SAHABUDDIN AHMED

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S/O CHAND MAHAMMAD, VILLAGE CHIRKAKHUNDI, WARD NO. 10, PO AND PS RANGIA, DIST. KAMRUP, ASSAM, PIN-781354

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VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MR. M BHAGABATI

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Advocate for the Respondent : PP, ASSAM

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B E F O R E

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HON’BLE MR. JUSTICE MIR ALFAZ ALI

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01-10-2018

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By this application under Section 438 of the Code of Criminal Procedure, 1973, the petitioner, namely - Md. Sahabuddin Ahmed, has prayed for pre-arrest bail apprehending his arrest in connection with Tamulpur P.S. Case No.235/2018 registered under Section 366/34 of the Indian Penal Code, corresponding to G.R. Case No.745/18.

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Heard Mr. M. Bhagawati, learned counsel for the petitioner. Also heard Ms. S.H. Bora, learned Additional Public Prosecutor, Assam for the State respondent.

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Case diary called for is received and perused.

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It is submitted by the learned counsel for the petitioner that both the petitioner and the

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alleged victim are major and they were in love with each other. It is also submitted that the petitioner and the alleged victim wanted to appear before the Court of Chief Judicial Magistrate, Baksa, but considering the tense situation, they were afraid to appear before the learned Chief Judicial Magistrate and approached this Court by filing a writ petition being W.P. (C) No.4562/2018 and, as per direction of this Court in the said writ petition, the alleged victim appeared before the Superintendent of Police. It is also submitted by the learned counsel for the petitioner that the petitioner and the victim have got married. The document produced alongwith the report also shows that the alleged victim was major at the relevant time.

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Having considered the whole gamut of the matter, this Court is of the opinion that there may not be any necessity for custodial interrogation of the petitioner and, as such, this appears to be a fit case for extending the privilege of pre-arrest bail to the petitioner. Accordingly, the petition is allowed.

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It is provided that in the event of arrest of the abovenamed petitioner in connection with the aforementioned case, he shall be released on bail, on his furnishing bail bond of Rs.15,000/- with a suitable surety of like amount to the satisfaction of the arresting authority. This pre-arrest bail is subject to the following conditions :

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The petitioner shall appear before the Investigating Officer within 15 days and shall cooperate with the investigation.

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The petitioner 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/her from disclosing such facts to the Court or to any police officer.

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This bail application stands disposed of.

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Send back the case diary.

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JUDGE

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Comparing Assistant

Sahabuddin Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sahabuddin Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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