This judgment deals with a bail application under Section 438 CrPC filed by the petitioner apprehending arrest in a kidnapping case. The court found no material in the case diary justifying custodial interrogation and made the interim bail absolute.
The order granting interim pre-arrest bail dated 04.06.2019 is made absolute.
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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GAHC010124552019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1676/2019
1:NAJRUL ISLAM
S/O DHAINUR ALI, R/O 1 NO. JALAH, P.O.-CHANGSARI, P.S.-CHANGSARI, DIST-KAMRUP(R), ASSAM, PIN-781101
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. SK N MOHAMMAD
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 22-07-2019
By this application under Section 438 Cr.PC, the petitioner, Sri Najrul Islam has prayed for pre-arrest bail, apprehending arrest in connection with North Guwahati P.S. Case No.72/2019 under Section 366 IPC (GR No. 1298/2019).
Heard Mr. Sk. Nur Mahammed, learned counsel for the petitioner as well as Ms. S.H. Bora, learned Addl. P.P. for the state respondent.
Case diary called for is received and perused.
As per the allegation made in the FIR, the daughter of the informant, who was
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aged about 19 years was missing from the place of work. However, later on, she could know that one Nurul might have kidnapped her daughter.
Case diary transpires that the statement of the alleged victim has already been recorded under Section 164 CrPC.
The petitioner was granted interim pre-arrest bail and he has been interrogated in the meantime.
Case diary does not reflect any material justifying the necessity of custodial interrogation of the petitioner and as such, the prayer for pre-arrest bail deserves to be allowed. Accordingly, the order dated 04.06.2019 granting interim pre-arrest bail to the petitioner is hereby made absolute in the same terms and conditions.
Bail application is disposed of.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner's application for pre-arrest bail under Section 438 CrPC deserves to be allowed given lack of material for custodial interrogation.
Whether the order granting interim pre-arrest bail should be made absolute.
3 provisions across 2 enactments
Najrul Islam
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
