Petitioners sought pre-arrest bail under Section 438 Cr.P.C. in a rape/Pocso case. Bail granted for some but rejected for the first accused due to victim statement specifically naming him.
Bail allowed for accused Nos. 2, 3, 4, 5 denied for accused No. 1.
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GAHC010148502020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2938/2020
RIZUWAN ALI @ REZUYAN ALI AND 4 ORS S/O MD. MANNAN ALI, R/O ANDHOPARA, P.S. HAJO, DIST- KAMRUP, ASSAM, PIN-781102
2: MANNAN ALI
3: JAMELA KHATUN @ JAMILA KHATUN
4: ASHIK ALI @ ASHIK EKBAL @ ASHIK EKDIL
5: SULTAN ALI @ SULATN AHME
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. D DAS Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
:: O R D E R ::
11-11-2020
By this application under Section 438 Cr.P.C ., the petitioners, namely, (1) Rizuwan Ali @ Rezuyan Ali (2) Mannan Ali (3) Jamela Khatun @ Jamila Khatun (4) Ashik Ali @
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Ashik Ekbal @ Ashik Eddil and (5) Sultan Ali @ Sulatn Ahmed have sought for prearrest in connection with Hajo PS Case No. 1027/2020 registered under Section 120(B)/366/376 IPC read with Section 4 of the POCSO Act.
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, appearing for the State. Also perused the case diary and the document annexed. So far as the statement of the victim is concerned she has specifically mentioned the name of the accused No.1 for commission of offence of rape upon her but her statement is silent about the complicity of all other accused persons named in the FIR.
That being so, prayer for pre-arrest bail is rejected against the accused petitioner No.1, namely, Rizuwan Ali @ Rezuyan Ali and the interim bail granted earlier on 19.10.2020 in favour of the accused petitioner Nos. 2, 3 and 5, namely (2) Mannan Ali (3) Jamela Khatun @ Jamila Khatun(5) Sultan Ali @ Sulatn Ahmed are hereby made absolute and the accused petitioner No.4, namely, (4) Ashik Ali @ Ashik Ekbal @ Ashik Eddil is hereby allowed to go on pre-arrest bail of Rs.10,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority. In terms of the above, this bail applications stand disposed of. Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant pre-arrest bail in a case involving rape and POCSO Act
Whether to grant bail to all or some of the accused petitioners
1 provisions across 1 enactments
Rizuwan Ali @ Rezuyan Ali
Mannan Ali
Jamela Khatun @ Jamila Khatun
Ashik Ali @ Ashik Ekdil
Sultan Ali @ Sulatn Ahmed
The State of Assam Rep. by the PP, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
