This Gujarat High Court granted anticipatory bail to five petitioners in connection with a case under Sections 366/343/34 IPC, holding that custodial interrogation was unnecessary.
Bail granted on conditions. Applicable bond amount ₹10,000.
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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GAHC010039002019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 521/2019
1:BELLAL HUSSAIN AND 4 ORS.
S/O- LATE MOTIOR RAHMAN, R/O. VILLAGE- KHELUAPARA PT-I, P.S. GOALPARA RPS, DIST.- BONGAIGAON, ASSAM.
2: AMIR HUSSAIN S/O- LATE JAFAR ALI R/O. VILLAGE- KHELUAPARA PT-I P.S. GOALPARA RPS DIST.- BONGAIGAON ASSAM.
3: KHALILUR RAHMAN S/O- LATE SABER ALI R/O. VILLAGE- KHELUAPARA PT-I P.S. GOALPARA RPS DIST.- BONGAIGAON ASSAM.
4: FATEMA KHATUN W/O- MOTIOR RAHMAN R/O. VILLAGE- KHELUAPARA PT-I P.S. GOALPARA RPS DIST.- BONGAIGAON ASSAM.
5: ROFIKA BEGUM W/O- ABDUL KADER JILANI R/O. VILLAGE- KHELUAPARA PT-I P.S. GOALPARA RPS DIST.- BONGAIGAON ASSAM
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VERSUS
1:THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. MD S HOQUE
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 04-04-2019
This is an application, filed under Section 438 Cr.PC, praying for pre-arrest bail of the petitioners, namely, 1) Bellal Hussain, 2) Amir Hussain, 3) Khalilur Rahman, 4) Fatema Khatun, and 5) Rofika Begum, in connection with Goalpara River PS Case No. 29/2018 under Sections 366//343/34 IPC.
Heard Mr. S. Hoque, learned counsel for the petitioners as well as Ms. S.H. Bora, learned Additional Public Prosecutor for the state respondent.
Case diary produced has been perused including the statement of the victim, recorded under Section 164 Cr.PC.
On perusal of the materials in the case diary as a whole, this court is of the view that custodial interrogation of the petitioners, for the purpose of investigation of the case, is not necessary. That being so, the petitioners are granted the privilege of pre-arrest bail. The petitioners shall appear before the investigating police officer within 7 (seven) days from today, and, in the event of their arrest, they shall be released on furnishing a bail bond of Rs. 10,000/- each with one suitable surety each of the like amount to the satisfaction of the arresting authority, on the following conditions:
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the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
The petition stands disposed of. Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted under Section 438 Cr.P.C in a case under Sections 366/343/34 IPC.
1 provisions across 1 enactments
Bellal Hussain and 4 Ors.
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
