In this bail application under Section 438 CrPC, the Gauhati High Court rejected the petitioner's prayer for pre-arrest bail. The court found solid basis in the case diary for the allegation of involvement in the killing of the deceased, thus refusing the privilege of bail.
Prayer for pre-arrest bail of the petitioner stands rejected.
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.
Page No.# 1/2
GAHC010109952021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2273/2021
MAYAN KHAN @ MAYAN ALI S/O MD. FARMAN KHAN R/O VILL- KOWABPUR P.S. HAZO DIST. KAMRUP, ASSAM PIN-781102
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 01-10-2021
Heard Ms. T Som, learned counsel for the petitioner. Also heard Mr. DP Goswami, learned Additional Public Prosecutor, appearing for the State respondent.
Page No.# 2/2
This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioner, namely, Mayan Khan @ Mayan Ali, in connection with Hajo Police Station Case No. 346/2021 registered under Sections 147/149/347/307/302 of the IPC read with Sections 25(1a)/27 of the Arms Act.
Perused the case diary produced before this Court.
On perusal of the materials in the case diary, it is found that the allegation of involvement of the petitioner in the killing of the deceased has some solid basis.
The materials in the case diary being such, this Court is not inclined to grant the privilege of pre-arrest bail to the petitioner. Therefore, the prayer for pre-arrest bail of the petitioner 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 petitioner in connection with the registered case.
2 provisions across 2 enactments
Mayan Khan @ Mayan Ali
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
