Allowed

Khoybor Ali Sk. @ Khoybor Ali and 2 Ors. v. the State of Assam

Gauhati HC4 Feb 2020AB/126/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application. Upon reviewing the case diary, the court found that the victim sustained simple injury and the facts did not attract criminal attempt to murder. The petitioners were granted pre-arrest bail.

What did the court decide?

Each petitioner allowed to go on pre-arrest bail by furnishing bonds of Rs. 10,000/- each with one surety and appearing within 15 days.

Khoybor Ali Sk. @ Khoybor Ali and 2 Ors. Vs the State of… — Anticipatory Bail | Gauhati HC (2020)

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Page No.# 1/2

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GAHC010005482020

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

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Case No. : AB 126/2020

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1:KHOYBOR ALI SK. @ KHOYBOR ALI AND 2 ORS. S/O ZAMAL SK, R/O DAMARDAHA PART-IV, P.S.-GOHPUR, DIST-DHUBRI, ASSAM

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2: KHOYJINA BIBI @ FARJINA BIBI W/O MONI SK. R/O DAMARDAHA PART-IV P.S.-GOHPUR DIST-DHUBRI ASSAM

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3: ALEYA BIBI S/O KHOIBOR ALI R/O DAMARDAHA PART-IV P.S.-GOHPUR DIST-DHUBRI ASSA

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VERSUS

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1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. M A AHMED

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/2

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BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN

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ORDER

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Date : 04-02-2020

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By this application under Section 438 CrPC, petitioners, namely, 1) Khoybor Ali Sk. @ Khoybor Ali, 2) Khoyjina Bibi @ Farjina Bibi and 3) Aleya Bibi, have sought for pre-arrest bail in the event of their arrest in connection with Gauripur PS Case No. 1507/2019, under Sections 448/109/325/326/307/427/34 IPC.

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Heard the learned counsel for both the sides.

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Also perused the record, FIR and the Case Diary.

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Perusal of the Case Diary reveals that the victim sustained simple injury by blunt and sharp weapon. However, there is no such offence to attract the offence under Section 307 IPC. It is to be noted that as regards the same incident, cross FIR was also filed, which has been registered as Gauripur PS Case No. 1508/2019, under Sections 448/341/323/307/34 IPC against the wife of the present informant and one another. There was a mutual assault between the parties against each other over the dispute of cutting a tree.

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Taking note of all above, it transpires that the custodial detention of the present petitioner is not required. Accordingly each of the accused petitioners aforesaid is allowed to go on pre-arrest bail on furnishing bail bonds of Rs. 10,000/- each, with one surety each of the like amount to the satisfaction of the arresting authority with further direction to the petitioners to appear before the IO within a period of 15 days from today and they shall cooperate with the investigation of the case.

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Anticipatory Bail Application stands disposed of.

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Return the Case Diary.

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JUDGE

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Comparing Assistant

Khoybor Ali Sk. @ Khoybor Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Khoybor Ali Sk. @ Khoybor Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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