The petitioner filed a fourth successive application for anticipatory bail under Section 438 Cr.P.C. The Court held that prior applications were rejected on merit and the current petition lacked cogent fresh grounds. Consequently, the petition was dismissed as without merit.
Petition dismissed; case diary to be sent back if any.
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GAHC010221442019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3072/2019
1:SOFIOR RAHMAN
S/O HABIBUR RAHMAN, R/O VILL-LAKHIGANJ, P.S.-BILASIPARA, DISTDHUBRI, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR P K DAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI
ORDER
Date : 17-09-2019
Heard Mr. PK Das, learned counsel for the petitioner.
By this fourth successive application under section 438 Cr.P.C., the petitioner, namely, Sofior Rahman has prayed for pre-arrest bail apprehending arrest in connection with Bilasipara PS Case No.1010/2018 under sections 120(B)/406/409/466/468/471/420 IPC.
Earlier, three applications of this petitioner seeking pre-arrest bail were rejected by this Court on merit and after perusal of the case diary, the present petition does not reflect any cogent and fresh ground for reconsideration of the
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prayer for pre-arrest bail which was rejected by this Court on merit. Therefore, this petition appears to be without merit and is accordingly dismissed.
Send back the case diary, if any.
J U D G E
Smita
Comparing Assistant
2 issues framed by the court
Whether the fourth successive anticipatory bail application discloses any fresh cogent ground warranting reconsideration of previous rejections on merit.
Whether the petition warrants dismissal as without merit due to repeated failures to show new grounds.
1 provisions across 1 enactments
Sofior Rahman
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
