Allowed the petitioner's application to make interim anticipatory bail absolute. The court found that the FIR charges included bailable offenses and Section 354 IPC had not been sufficiently attracted, relieving the petitioners from arrest.
The interim bail granted earlier is made absolute and the petitioners are relieved from arrest.
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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GAHC010117752021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2244/2021
NURUL ISLAM AND ANR. SON OF LATE MOKBUL HUSSAIN R/O VILL- SIKATARI PART-I, P.S. MERERCHAR, IN THE DIST. OF BONGAIGAON, ASSAM
2: MASUD ZAMAN @ RASIDUL SON OF NURUL ISLAM R/O VILL- SIKATARI PART-I P.S. MERERCHAR IN THE DIST. OF BONGAIGAON ASSA VERSUS
THE STATE OF ASSAM REP. BY THE ADDL. PP, ASSAM
Advocate for the Petitioner : MRS. B GOGOI Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
08.11.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namely- (1) Nurul Islam and (2) Masud Zaman @ Rasidul have sought for pre-
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arrest bail in connection with Mererchar P.S. Case No.84/2020, registered under Section 120(B)/448/342/294/325/354/34 IPC.
Heard the learned counsel for both sides.
Perused the case dairy pertaining to Mererchar P.S. Case No.83/2020 filed by the present petitioners against the informant and others and the case diary of Mererchar P.S. Case No.84/2020 pertaining to the present case.
It reveals that the FIR which was lodged against the present petitioners at first point of time, has now ended at charge sheet being CS No.71/2021 dated 21.09.2021.
On the other hand, on perusal of the materials on record, which reveals that the victim has not indicated/alleged anything to attract the offence under Section 354 IPC against the petitioners, so much so, all other offences are bailable.
That being the position, the interim bail so granted earlier is hereby made absolute.
Return the case dairies.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the interim anticipatory bail granted can be made absolute given the nature of charges leveled.
1 provisions across 1 enactments
Nurul Islam and Anr.
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
