This application for pre-arrest bail was rejected. The petitioners, already accused of setting fire to a house, had fled police custody after being apprehended, leading to a fresh FIR for escaping custody. The court declined bail in view of the fresh case.
Prayer for pre-arrest bail rejected and application dismissed.
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GAHC010132492019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1786/2019
1:NAZRUL ISLAM AND ANR.
D/O ABDUL AJIJ, R/O VILL-HARIRCHAR, P.S.-MERERCHAR, DISTBONGIGAON, ASSAM
2: ABDUS SAMAD S/O SYED JAMAL VILL-HARIRCHAR P.S.-MERERCHAR DIST-BONGIGAON ASSA
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR A A DEWAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MANOJIT BHUYAN
order
Date : 18-07-2019
Heard Mr. I.A. Hazarika, learned counsel for the petitioners i.e. Nazrul Islam and Abdus Samad. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam.
Case Diary in connection with Mererchar P.S. Case No. 25/2016, registered under
Sections 147/447/294/323/436 of the Indian Penal Code is produced in terms of earlier order
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dated 27.06.2019.
This is the second application seeking pre-arrest bail. On the earlier occasion there were six persons including the two petitioners herein and on consideration of the facts and disclosures made in the Case Diary, benefit of pre-arrest bail was granted to four persons whereas the prayer for pre-arrest bail in respect of two petitioners herein was rejected.
The accusation against the petitioners herein is that in the morning of 23.02.2016 they had entered into the house of the informant and not only rebuked and assaulted the informant but also set fire to the dwelling house.
The Case Diary so produced today reveals that the two petitioners herein were apprehended by Mererchar Police on 19.05.2019 and while in Police custody, both of them fled at night. As a result, a fresh case has also been registered against them, being Mererchar P.S. Case No. 38/2019 under Sections 224/34 IPC.
Having regard to the above and in view of the fresh case registered against them, this Court is not inclined to grant the relief prayed for. Accordingly, the prayer for pre-arrest bail by Nazrul Islam and Abdus Samad stands rejected. The present application stands accordingly dismissed.
Return the Case Diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail after fleeing police custody and a fresh FIR being registered against them.
Whether the facts disclose a prima facie case sufficient to grant bail in light of the petitioners' escape from custody.
The propriety of dismissing the bail application given the fresh charge of escaping from police custody.
2 provisions across 1 enactments
Nazrul Islam
Abdus Samad
The State of Assam
Manojit Bhuyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
