The Gauhati High Court granted anticipatory bail to the petitioners in a case involving Sections 457/385/354/506/34 IPC. The bail was ordered due to the victim's statement failing to implicate them, despite the informant's allegation.
Grant of pre-arrest bail on furnishing bail bonds of Rs. 10,000/- each with one surety each.
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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GAHC010007582020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 165/2020
1:TOMSER ALI AND ANR
S/O- SEKENDAR ALI, R/O- VILL.- RUPAHARA, P.S. NAGARBERA, DIST.KAMRUP, ASSAM.
2: MOKIBUL ISLAM S/O- MD. SAIZUDDIN AHAMED R/O- VILL.- JAMLAI P.S. NAGARBERA DIST.- KAMRUP ASSAM
VERSUS 1:THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. A PARAMANIK
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 17-02-2020
By this application under Section 438 CrPC, petitioners, namely, 1) Tomser Ali and 2) Mokibul Islam, have sought for pre-arrest bail in the event of their arrest in connection with Nagarbera PS Case No. 03/2020, under Sections 457/385/354/506/34 IPC.
Heard the learned counsel for both the sides.
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Also perused the record and Case Diary.
The victim girl, Rahima Khatun in her statement has not implicated the present two accused petitioners with the offence as alleged by the informant, the mother of the victim girl. She has stated that she has some dispute with her husband but not with the present petitioners.
In view of such statement of the victim, apparent complicity of the petitioners is not made out. Accordingly, the present petitioners aforesaid are granted pre-arrest bail. In the event of their arrest in connection with the aforesaid case they shall be released on 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.
Anticipatory Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioners in connection with the Nagarbera PS Case.
Whether the statement of the victim girl implicating the petitioners is sufficient to deny bail.
1 provisions across 1 enactments
Tomser Ali and Anr
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
