Order in a 2nd application for anticipatory bail under Section 438 CrPC in connection with Section 407 IPC. Since materials remained same as in earlier rejected application, the prayer was dismissed.
Prayer for pre-arrest bail under Section 438 CrPC rejected and petition disposed of.
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GAHC010031812021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/545/2021
BABUL HAQUE
S/O LATE DULAL HAQUE, R/O KAWAIMARI, NO. 11 BLOCK, P.S.SARTHEBARI, DIST-BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S M MOLLAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 17-03-2021
Heard Mr. SM Mollah, learned counsel for the petitioner as well as Mr. NK Kalita, learned Additional Public Prosecutor, appearing for the State of Assam.
This is a 2nd application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the petitioner, namely, Babul Haque, in connection with Gorchuk PS Case No. 724/2020 registered under Section 407 of the IPC.
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Perused the case diary produced before this Court.
The earlier application of the petitioner for pre-arrest bail was rejected by this Court, vide order, dated 04.02.2021 in AB No. 3863/2020.
On perusal of the materials in the case diary, it appears that on the same materials the earlier application for pre-arrest of the petitioner was rejected.
The materials in the case diary remaining the same, this Court is not inclined to grant the privilege of pre-arrest bail to the petitioner. Therefore, the prayer stands rejected .
Return the case diary.
The petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner in Gorchuk PS Case No. 724/2020.
2 provisions across 2 enactments
Babul Haque
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
