Single judge order rejecting anticipatory bail application filed by applicants facing charges under Section 380 IPC. Court found sufficient incriminating evidence in the case diary. Interim pre-arrest bail was vacated and application dismissed.
Prayer for anticipatory bail rejected; interim pre-arrest bail vacated.
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GAHC010101182021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1897/2021
ELAHIA AHMOD @ MD. AHIA ALI @ EHIA AHMED @ AHIA ALOM AND ANR S/O LATE IBRAHIM ALI
RESIDENT OF VILLAGE BOHA PAHAR, PS MAYONG, DIST MORIGAON, ASSAM
2: SAHJAHAN ALI S/O ABDUL SALAM
RESIDENT OF VILLAGE BOHA PAHAR PS MAYONG DIST MORIGAON ASSA M
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP ASSAM
Advocate for the Petitioner : MR J C BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
15.11.2021
Heard Mr. J. C. Borah, learned counsel for the applicants. Also heard Ms.
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S. Jahan, learned Addl. Public Prosecutor, Assam, appearing for the State.
The applicants herein have approached this Court by filing this application under Section 438 Cr.P.C. apprehending arrest in connection with Mayong P.S. Case No.103/2021 registered under Section 380 of the IPC.
By order dated 12.07.2021 they were granted interim pre-arrest bail awaiting the Case Diary.
Ms. Jahan has produced the Case Diary. I have perused the same. After perusing the Case Diary, I am of the view that there are sufficient incriminating materials in the case diary against the applicants. As such, the
prayer for anticipatory bail made by the applicants is hereby rejected.
Interim pre-arrest bail granted by this Court by order dated 12.07.2021 shall stand vacated.
Bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the anticipatory bail application should be allowed given the incriminating materials in the case diary?
2 provisions across 2 enactments
Elahia Ahmod @ Md. Ahia Ali @ Ehia Ahmed @ Ahia Aloom and ANR
The State of Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
