Allowed

Mokbul Hussain and Anr. v. the State of Assam

Gauhati HC9 Dec 2021AB/3421/2021

Case brief

AI extract

What is this about?

This order grants pre-arrest bail to two petitioners accused of kidnapping under Section 365 IPC. Relying on the victim's recorded statement that she eloped with another accused on her own free will, the court held that their custody was not warranted.

What did the court decide?

Petitioners are allowed pre-arrest bail of Rs.10,000 each with one surety to appear before the I.O. within fifteen days.

Mokbul Hussain and Anr. Vs the State of Assam — Bail and Remand | Gauhati HC (2021)

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GAHC010174622021

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

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Case No. : AB/3421/2021

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MOKBUL HUSSAIN AND ANR SON OF LATE ISMAIL HUSSAIN @ ISMAIL SEIKH @ ISMAIL SK R/O HARIRCHAR PT.II, P.S. MERERCHAR, DIST. BONGAIGAON, ASSAM, PIN-783384

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2: SURMAN ALI @ CHURMAN ALI S/O LATE ISMAIL HUSSAIN @ ISMAIL SEIKH @ ISMAIL SK R/O HARIRCHAR PT. II P.S. MERERCHAR DIST. BONGAIGAON ASSAM PIN-78338 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MRS. B GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

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O R D E R

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09.12.2021.

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By filing this petition under Section 438 of the CrPC, the two petitioners namely Mokbul

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Hussain and Surman Ali @ Churman Ali have sought for pre-arrest bail in connection with Jogighopa P.S. Case No.343/2021 (corresponding to G.R. Case No.1275/2021), under Section 365 of the IPC.

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Heard learned counsel for both sides and perused the record.

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As it appears from the record, for the kidnapping of the victim girl, two cases have been registered on the basis of the FIR, filed by her guardian. On 14.06.2021, the first FIR was lodged contending that the minor daughter of the informant was kidnapped by accused Saddam Husain, on the ill-advice of the other accused persons namely: Mokbul Hussain, Surman Ali and Anowar Hussain. Subsequent thereto, the victim girl was recovered and she made her statement under Section 164 of the CrPC, on 15.06.2021, stating that she was in love with Saddam Husain. So she eloped with him on 11.06.2021, at 4 P.M. and she intended to marry said Saddam Husain. She has not implicated any other person whatsoever.

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After recovery of the victim girl, she was again found missing for which the second FIR has been filed on 23.09.2021 with same accusation.

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Although the case diary that has been produced today, indicates that the victim girl is not yet recovered, but from her statement, already recorded, it can be easily inferred that she eloped with Saddam Husain, on her own will and custody of the present petitioners is not warranted.

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Taking note of the statement of the victim, it transpires that custodial interrogation of the present two accused/ petitioners is not warranted.

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Accordingly the accused/petitioners named above are allowed to go on pre-arrest bail of Rs.10,000/- each, with one surety of like amount, in the event of their arrest by the arresting officer in connection with the Jogighopa P.S. Case No.343/2021, with further direction to the petitioners to appear before the I.O., within fifteen days from today to give their statement and they will cooperate with investigation of the case.

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Return back the case diary forthwith.

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JUDGE

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Comparing Assistant

Mokbul Hussain and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mokbul Hussain and Anr. 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

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