The Gauhati High Court rejected an application for pre-arrest bail under Section 438 Cr.PC IPC in a murder case where forensic evidence linked the accused to the deceased and common presence was established. The court found sufficient grounds to deny bail.
Pre-arrest bail under Section 438 Cr.PC was rejected; case diary returned.
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GAHC010104612020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 2007/2020
1:MD. MUHIBUR @ MOHIBUR RAHMAN S/O LT. FAIZUL RAHMAN, VILL. FARMARPAR, P.O. KHARIKHANA-782446, P.S. LANKA, DIST. HOJAI, ASSAM
VERSUS
1:THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N DHAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 06-10-2020
The Court proceedings have been conducted through Video-Conference.
Heard Mr. N Dhar, learned counsel appearing for the accused-petitioner as well as Mr. B Sarma, learned Additional Public Prosecutor, appearing for the State of Assam.
This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Md. Muhibur @ Mohibur Rahman, in connection with Lanka PS Case No. 22/2020 registered under Sections 302/34 of the IPC.
I have perused the case diary produced before this court by the learned Additional
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Public Prosecutor.
On perusal of the post-mortem examination report, it appears that the deceased tested positive for organophosphorous insecticide. That apart, the evidence so far collected makes it clear that the victim was last seen together in a vehicle with the accused-petitioner on the very day her dead body was found.
In view of such materials in the case diary, this Court is not inclined to grant the privilege of pre-arrest bail to the accused-petitioner. Therefore, his prayer for pre-arrest bail stands rejected.
Return the case diary.
The petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the accused in a murder case where the victim was last seen with the accused on the day of death.
2 provisions across 2 enactments
Md. Muhibur @ Mohibur Rahman
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
