This single-paragraph order of the Gauhati High Court rejects an application for pre-arrest bail under Section 438 Cr.P.C. The court held that the evidence collected was indicative of the petitioner's involvement and the offences were serious, making custodial interrogation necessary.
The prayer for pre-arrest bail is 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.
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GAHC010114492021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2335/2021
BARJAHAN ALI SON OF LATE ABDUL AJIJ VILL- TILPUKHURI P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM PIN-783384
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
05-10-2021
This is an application under Section 438 Cr.P.C ., praying for pre-arrest bail by the petitioner, namely, Barjahan Ali , in connection with Abhayapuri Police Station Case No. 500 of 2021 , registered under Sections 147/148/353/332/325 of the IPC, read with Section 22(b) of the NDPS Act .
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Heard Mr. H.R.A. Choudhury, learned senior counsel for the petitioner and Mr. R.R. Koushik, learned Additional Public Prosecutor, Assam for the State Respondent.
The materials, so far collected by the Investigating agency, are indicative of involvement of the present petitioner with the commission of alleged offences. Otherwise also the offences are serious in nature.
Considering the materials in the case diary, this Court is of the view that custodial interrogation of the petitioner may be necessary.
Accordingly, the prayer made by the petitioner is rejected .
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether to grant pre-arrest bail to the petitioner under Section 438 Cr.P.C. in connection with alleged offences under IPC and NDPS Act.
Whether custodial interrogation is necessary given the seriousness of the offences.
Whether the materials collected indicatively establish the petitioner's involvement in the alleged offences.
3 provisions across 3 enactments
Barjahan Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
