The Gauhati High Court granted anticipatory bail to the petitioner in a cheating and forgery case. The court noted the victim admitted eloping with the accused and allowed him to go on pre-arrest bail of Rs. 20,000.
Petitioner allowed pre-arrest bail of Rs. 20,000 with surety of like amount.
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GAHC010005872018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 95/2018
1:MUKTARUL HOQUE S/O MD. JALAL UDDIN R/O KHALIHAMARI P.S. SAMAGURI DIST. NAGAON, ASSAM
VERSUS 1:THE STATE OF ASSAM GUWAHATI
Advocate for the Petitioner : MR S M ABDULLAH P
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-02-2018
By this application under Section 438 of the CrPC accused petitioner Muktarul Hoque sought pre-arrest bail in connection with South Samaguri PS case No. 647/2017 u/s 447/366(A)/34 of the IPC.
Heard learned counsel for the petitioner as also learned additional public
prosecutor for the State.
Perused the case diary and statement of the victim. It transpires that she has admitted that she herself eloped with the accused petitioner out of love and affection
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and as such, he is no way involved with the offence alleged. That being so, the custodial interrogation of the accused petitioner appears to be unwarranted. Accordingly the accused petitioner Muktarul Hoque is allowed to go on pre-arrest bail of Rs. 20,000/- with the surety of like amount in the event of his arrest to the satisfaction of arresting authority in connection with aforesaid case. Accordingly the petition is disposed of. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to pre-arst bail under Section 438 CrPC in the charges of cheating and forgery?
Whether the victim's admission that she eloped with the accused warrants non-custodial bail?
2 provisions across 2 enactments
MUKTARUL HOQUE S/O MD. JALAL UDDIN
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
