Application for pre-arrest bail under Section 438 Cr.P.C. The court observed the petitioner was remotely implicated as he failed to settle the matter. Bail was granted and interim protection made absolute.
Pre-arrest bail granted; interim protection made absolute on same terms.
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GAHC010142632021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2729/2021
ABDUL MOTIN @ ABDUL MATIN S/O LT. ABDUL SAMED R/O VILL- LAHKAR GHAT NAGAON, ASSAM P.O. DHING P.S. DHING DIST. NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR P P MEDHI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
18-11-2021
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Abdul Motin @ Abdul Matin, apprehending arrest in connection with Dhing Police Station Case No. 396/2021, registered under Section 376AB, IPC, read with Section 4(2) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 .
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Heard Mr. P.P. Medhi, learned senior counsel appearing for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the Respondent State.
The case diary produced has been perused including the statement of the victim, recorded under Section 164 of the Cr.P.C.
Neither in the FIR itself nor in the statement of the victim, the petitioner has been remotely implicated. The petitioner’s name appears only because he had agreed to get the matter settled, which he did not do. There is no other allegation against him.
That being so, the petitioner is granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 1409-2021, is made absolute on the same terms and conditions.
The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to grant pre-arrest bail to the applicant apprehending arrest in a case registered under Section 376AB IPC.
Whether the applicant's remote implication in the FIR justifies granting interim protection absolute bail.
3 provisions across 3 enactments
Abdul Motin @ Abdul Matin
State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
