Petitioners sought pre-arrest bail in a rape and kidnapping case. The court observed the petitioners' FIR was a counter blast and granted bail under Section 438 Cr.P.C. upon payment of security.
Pre-arrest bail granted to the three petitioners Rs. 10,000 each with like surety in Case No. 651/2020.
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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GAHC010096052020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1761/2020
1:ABDUL JALIL SK AND 2 ORS
S/O LT. KADIM BAHOM, R/O VILL. DHARMASALA, PART-IV, P.S. DHUBRI, DIST. DHUBRI, ASSAM, PIN-783324
2: ABDUL KHALIL S/O LT. KADIM BAHOM R/O VILL. DHARMASALA PART-IV P.S. DHUBRI DIST. DHUBRI ASSAM PIN-783324
3: RAMJAN ALI S/O LT. OSMAN ALI R/O VILL. DHARMASALA PART-IV P.S. DHUBRI DIST. DHUBRI ASSAM PIN-78332
VERSUS
1:THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR. J KALITA
Advocate for the Respondent : PP, ASSAM
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 01-09-2020
Heard Mr. J. Kalita, learned counsel appearing for the petitioners.
Also heard Mr. B.B. Gogoi the learned Additional Public Prosecutor for the State of Assam.
The petitioners Abdul Jalil Sk, aged 65 years, Abdul Khalil, aged 57 years and Ranjan Ali, aged 49 years, have prayed for pre-arrest bail u/s 438 of the Cr.P.C in the matter of Dhubri P.S. Case No. 651/2020.
On 22.05.2020, one girl had lodged an FIR stating that these three petitioners along with another person had kidnapped her from her house and thereafter, committed rape upon her. It is specifically mentioned that Abdul Jalil Sk and Ramjan Ali had committed rape upon her and thereafter, assaulted her brother Samsul Hoque.
It may be stated that on the same day, prior to registration of the aforesaid FIR, another FIR was lodged by the petitioner Abdul Jalil Sk. He alleged that the aforementioned Samsul Hoque had made her 13 year old daughter pregnant and therefore, on 22.05.2020, he detained Samsul Hoque and handed him over to police. The FIR lodged by Abdul Jalil Sk was registered u/s 376 of the IPC as well as u/s 6 of the POCSO Act.
Today after perusal of the case diary, it can be concluded that FIR lodged by the informant girl against the present petitioners is a counter blast of the FIR lodged by the Abdul Jalil Sk. There are no sufficient materials in the case diary to justify the detention of the present petitioners. Therefore, pre-arrest bail of the petitioners are allowed. It is hereby directed that in the event of arrest the three petitioners namely, Abdul Jalil S., Abdul Khalil and Ramjan Ali shall be released on pre-arrest bail of Rs. 10,000/- each with a surety of like amount each to the satisfaction of arresting authority in connection with Dhubri P.S. Case No. 651/2020.
CD shall be returned.
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant pre-arrest bail to petitioners accused of rape and kidnapping.
Whether the FIR against petitioners constitutes a counter blast requiring detention.
1 provisions across 1 enactments
Abdul Jalil Sk
Abdul Khalil
Ramjan Ali
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
