HEard the application for pre-arrest bail under Section 438 Cr.P.C. Found that FIR allegations were primary against others named for business coercion. No role of petitioner established.
Granted pre-arrest bail of Rs. 10,000 with similar surety. Case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010000012017
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3164/2017
1:ASHIQUE IKBAL ALI S/o Md. Keramat Ali
R/O Amulapatty, Jajori, Bormanipur, PO- Barmanipur, PS- Mikirbheta
VERSUS
1:THE STATE OF ASSAM , GHY
Advocate for the Petitioner : MD. H BHUYAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 02-02-2018
This is an application u/s 438 of Cr.P.C. for granting pre-arrest bail to the
accusedpetitioner, Ashique Ikbal Ali in connection with Tinsukia P.S Case No. 1395/2017, u/s 341/323/379/506/34 of IPC.
Heard both sides. Perused the record and the case diary.
So far the present accused petitioner is concerned, it reflects that he was not present at the place of occurrence and there other persons named in the FIR threatened the informant not to take up any new work of Rongseng Mobile India Pvt. Ltd as his friend/ the present petitioner is in the same business and he will take up the works under the company. It also does not reveals that said persons were employed by the present accused petitioner towards the commission of such offence. That being so, the accused
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petitioner, Ashique Ikbal Ali is allowed to go on pre-arrest bail of Rs. 10,000/- with a surety of like amount in the event of his arrest to the satisfaction of arresting authority in connection with aforementioned case. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner should be granted pre-arrest bail under Section 438 Cr.P.C.
Whether the allegations of coercion had enough nexus to implicate the petitioner.
1 provisions across 1 enactments
Ashique Ikbal Ali
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
