In a bail application under Section 438 CrPC filed by Riajal Khan, the Gauhati High Court rejected the plea for pre-arrest bail due to sufficient complicity with the alleged offence involving killing a cow and making hurtful remarks.
Application for bail rejected; the request for pre-arrest bail is denied.
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GAHC010179232021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
AB/3518/2021 RIAJAL KHAN S/O LATE JAHUR UDDIN KHAN VILL- BALIPUKHURI P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM 784176 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM
-----------Advocate for : MR. A M AHMED Advocate for : PP ASSAM appearing for THE STATE OF ASSAM
BEFORE
HONOURABLE MRS. J :: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
11.11.2021
By filing this petition under Section 438 of the CrPC, the petitioner, namelyRiajal Khan has sought for pre-arrest bail in connection with Biswanath Chariali P.S.
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Case No.384/2021, registered under Section 379/ 429/ 153(A)/ 295(A)/506/34 IPC.
Heard learned counsel for both sides and perused the Case Diary as well as the documents so annexed.
As per the material depicted, the husband of the accused petitioner Riajul Khan @ Babu indulged himself in killing a bone cow, which was given as a donation to the Shiv Mandir of Surjyapur Balipukhuri and as a result of which, the cow sustained severe injury on the body. It reveals that the present petitioner along her wife made remarks on certain religious matter in the locality which has hurt the sentiments of other religion. An FIR in this regard has also been filed.
There being sufficient complicity of the petitioner with the alleged offence, this Court is of the opinion that it is not a fit case where he can be granted the privilege of pre-arrest bail. Accordingly, the same stands rejected.
The application for bail stands rejected.
Return the Case Diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is eligible for pre-arrest bail in connection with the alleged offences.
Whether the petitioner's complicity with the alleged offence makes him ineligible for bail.
1 provisions across 1 enactments
Riajal Khan
State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
