In an anticipatory bail application involving conspiracy, robbery, and murder charges, the Gauhati High Court rejected the plea of alibi as unsubstantiated by material evidence and dismissed the prayer for pre-arrest bail based on the gravity of the offences.
The prayer for pre-arrest bail of the petitioner was rejected and the application was dismissed.
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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GAHC010004392021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/119/2021
AKHIRUL ISLAM
S/O JALIL SK, R/O VILL. KACHUA, CHATAPARA, PS BILASIPARA, DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR M MONDAL
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 12-03-2021
This is an application, filed under Section 438 of the Cr.P.C. seeking pre-arrest bail of the accused-petitioner, namely, Akhirul Islam , in connection with Chapar P.S. Case No. 567/2020 registered under Sections 120(B)/395/307 of the Indian Penal Code R/W 25 (I-A)/27 Arms Act .
Heard Mr. M. Mondal, learned counsel for the petitioner. Also heard Ms. S.H. Bora,
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learned Additional Public Prosecutor, Assam appearing for the Respondent State.
Case diary is produced and perused.
It appears from the materials in the case diary that the accused petitioner has been implicated by the co-accused. Although, the learned counsel for the petitioner has taken the plea of alibi so far as the petitioner is concerned, the same has not been substantiated by any material placed before the Court. However, in view of the materials in the case and considering the nature of the offence, the prayer for pre-arrest bail is rejected.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the prayer for pre-arrest bail under Section 438 Cr.P.C. should be rejected given the unsubstantiated plea of alibi and the serious nature of the offences.
Whether the materials in the case diary support the granting or rejection of pre-arrest bail in a case involving conspiracy, robber, and murder charges.
3 provisions across 3 enactments
Akhirul Islam
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
