Partly allowed

Halima Begum and 6 Ors. v. the State of Assam

Gauhati HC7 Oct 2020AB/1209/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a pre-arrest bail application under Section 438 Cr.P.C. made by seven persons in an IPC/Arms Act case. The court made interim bail absolute for five petitioners but rejected the prayer for the other two based on case diary materials.

What did the court decide?

Interim pre-arrest bail made absolute for five petitioners; pre-arrest bail rejected for two petitioners; case diary returned.

Halima Begum and 6 Ors. Vs the State of Assam — Bail and Remand | Gauhati HC (2020)

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GAHC010073152020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 1209/2020

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1:HALIMA BEGUM AND 6 ORS.

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W/O INNAS ALI, R/O MAHKHULI, PS SADAR, DIST. NAGAON, ASSAM

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2: INNAS ALI S/O LATE AJIMUDDIN R/O MAHKHULI PS SADAR DIST. NAGAON ASSAM

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3: AKBAR ALI S/O LATE AJIMUDDIN R/O MAHKHULI PS SADAR DIST. NAGAON ASSAM

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4: SAFIKUL ISLAM S/O LATE AJIMUDDIN R/O MAHKHULI PS SADAR DIST. NAGAON ASSAM

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5: AFIA KHATUN W/O INTAJ ALI R/O MAHKHULI PS SADAR DIST. NAGAON ASSAM

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6: SAYEDA BEGUM W/O SAFIKUL ISLAM R/O MAHKHULI PS SADAR DIST. NAGAON ASSAM

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7: A RASHID S/O JOYNAL ABEDIN R/O MAHKHULI PS SADAR DIST. NAGAON ASSA VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM

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Advocate for the Petitioner : MS J BORAH

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 07-10-2020

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The Court proceedings have been conducted through video-conference.

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This is an application, made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioners, namely, 1. Halima Begum, 2. Innas Ali, 3. Akbar Ali, 4. Safikul Islam, 5. Afia Khatun, 6. Sayeda Begum and 7. A. Rashid, apprehending arrest in connection with Nagaon Police Station Case No. 755 of 2020 , registered under Sections 147/148/149/342/333/325/307/384 of the IPC, read with Section 25(1AB) of the Arms Act .

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I have perused the petition including the copy of the FIR.

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The case diary produced, has been perused.

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Heard Mr. J. Borah, learned counsel for the petitioners as well as Mr. N.J. Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.

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On perusal of the materials in the case diary it appears that the petitioner Nos. 4 and 7 are involved in the commission of the alleged offences, particularly, assaulting the policemen involved in this case.

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However, there is no such material in the case diary against the petitioner Nos. 1, 2, 3, 5 and 6. They are already on interim pre-arrest bail granted vide order dated 19-05-2020. They have also appeared before the Investigating Police Officer. They have not abused the interim protection granted to them. Accordingly, the interim pre-arrest bail granted to the petitioner Nos. 1, 2, 3, 5 and 6, namely, Halima Begum, Innas Ali, Akbar Ali, Afia Khatun and Sayeda Begum respectively vide order dated 19-05-2020, is made absolute by this order with the same terms and conditions.

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So far petitioner Nos. 4 and 7, namely, Safikul Islam and A. Rashid respectively are concerned, in view of materials in the case diary, this Court is not inclined to grant the privilege of pre-arrest bail. Accordingly, their prayer for pre-arrest bail is rejected . The interim pre-arrest bail granted to petitioner Nos. 4 and 7 stands vacated. The anticipatory bail application stands disposed of.

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Return the case diary.

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Comparing Assistant

Halima Begum and 6 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Halima Begum and 6 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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