Allowed

Muksedur Rahman @ Maksed Ali and 2 Ors. v. the State of Assam

Gauhati HC11 Nov 2021AB/2577/2021

Case brief

AI extract

What is this about?

In this bail application under Section 438 Cr.P.C., the Gauhati High Court examined the case diary wherein it appeared that while the basic allegation was against accused No. 1, the current petitioners were suspected of collusion. The Court made the interim protection order absolute and disposed of the application.

What did the court decide?

Interim protection granted earlier was made absolute; anticipatory bail application disposed of; case diary returned.

Muksedur Rahman @ Maksed Ali and 2 Ors. Vs the… — Child Sexual Offences (POCSO) | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010133062021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2577/2021

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MUKSEDUR RAHMAN @ MAKSED ALI AND 2 ORS S/O DUDU MIA R/O VILL- BESIMARI P.O. AND P.S. DALGAON DIST DARRANG, ASSAM

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2: ALI HUSSAIN S/O SOUKAT ALI R/O VILL- BESIMARI P.O. AND P.S. DALGAON DIST DARRANG ASSAM

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3: AKBAR ALI S/O SOUKAT ALI R/O VILL- BESIMARI P.O. AND P.S. DALGAON DIST DARRANG ASSA

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR A ALI

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Advocate for the Respondent : PP, ASSAM

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Page No.# 2/2

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BEFORE

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HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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11-11-2021

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, (1) Muksedur Rahman @ Maksed Ali, (2) Ali Hussain and (3) Akbar Ali, in connection with Dalgaon Police Station Case No. 513/2021, registered under Sections 406/419/376/313/34 of the IPC read with Section 4 of the POCSO Act .

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Heard Mr. A. Ali, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the Respondent State. The case diary produced has been perused including the order, dated 03-092021, passed by this Court in this case, granting interim protection to the petitioners.

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On perusal of the materials available in the case diary, it appears that the basic allegation is against the accused No. 1, named in the FIR, and the present petitioners are suspected to have colluded with the petitioner No. 1. There is no such specific allegation made out against the present petitioners in commission of the alleged offences.

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That being so, the interim protection granted to the petitioner above named, vide order dated 03-09-2021 is made absolute on the same terms and conditions.

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The anticipatory bail application stands disposed of accordingly. Return the case diary.

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JUDGE

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Comparing Assistant

Muksedur Rahman @ Maksed Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Muksedur Rahman @ Maksed Ali and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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