The Gauhati High Court rejected an anticipatory bail application filed under Section 438 Cr.P.C. The Court held that the presence of abundant incriminating materials in the case diary and the incomplete investigation made it unfit to grant pre-arrest bail.
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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GAHC010262012019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 3789/2019
1:MD. RAFIQUL ISLAM AND 3 ORS.
S/O LATE HASEN ALI, R/O VILL-KAWAIMARI, P.S.-SADAR, DIST-NAGAON (ASSAM), PIN-782002
2: MD. KURBAN ALI S/O LATE HASEN ALI R/O VILL-KAWAIMARI P.S.-SADAR DIST-NAGAON (ASSAM) PIN-782002
3: MD. KASHEM ALI @ KASEM S/O LATE HASEN ALI R/O VILL-KATIMARI GRANT P.S.-SADAR DIST-NAGAON (ASSAM) PIN-782002
4: MD. MOJIBUR RAHMAN S/O LATE HASEN ALI R/O VILL-KATIMARI GRANT P.S.-SADAR DIST-NAGAON (ASSAM) PIN-78200
VERSUS
1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR D C K HAZARIKA
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Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 04-12-2019
Heard Ms. J Kalita, learned counsel for the petitioners as well as Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State respondent.
By this application under Section 438 of the Cr.P.C., the petitioners, namely, 1.Md. Rafiqul Islam, Md. Kurban Ali, 3. Md. Kashem Ali @ Kasem and 4. Md. Mojibur Rahman have prayed for grant of anticipatory bail apprehending their arrest in connection with Nagaon PS Case No. 2639/2019 ( GR No. 5064/2019) under Sections 147/148/149/448/326/302 of the IPC.
Case diary, as called for, is placed before the Court.
Perusal of the case diary reveals abundance of incriminating materials against the petititoner. The investigation is yet to be completed.
In view of above, this Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest bail of the petitioner.
Accordingly, the anticipatory bail application stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the instant application for anticipatory bail is maintainable in the facts and circumstances of the present case.
1 provisions across 1 enactments
MD. RAFIQUL ISLAM AND 3 ORS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
