Bail application rejected after court formed prima facie opinion based on Case Diary and Section 164 Cr.PC statements that serious allegations justify continued custody.
Bail application rejected; Case Diary returned to learned Addl. Public Prosecutor.
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GAHC010192852021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3251/2021
SAFIKUL ISLAM S/O MD. AMIR HUSSAIN VILL- BENGENATI (KUTAYANI) P.S. NAGAON SADAR DIST. NAGAON, ASSAM
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. D SARMAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 14-12-2021
Heard Shri D Sarmah, learned counsel for the applicant. Also heard Shri B Sarma, learned Addl. Public Prosecutor, Assam.
This bail application under Section 439 of the Cr.PC has been filed by the applicant, namely, Safikul Islam, praying for bail in connection with Nagaon Sadar PS Case No.
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2457/2021 under Sections 498(A)/376/323/506/34 of IPC read with Section 4 of the DP Act.
The applicant has been arrested on 23.10.2021.
Shri Sarmah, learned counsel has submitted that the allegations are made by the wife and are concocted and do not make out any case under Sections 498(A)/376/323/506 of the IPC.
On the other hand, Shri Sarma, learned Addl. Public Prosecutor by referring to the Case Diary submits that there are materials against the applicant. By specifically referring to the statements made by the alleged victim under Section 164 Cr.PC, it is submitted that the allegations made by her are very serious in nature which will not justify grant of bail to the applicant at this stage.
After hearing the learned counsel for the parties and on perusal of the materials on record, including the Case Diary, this Court is of the prima facie opinion that no case for grant of bail at this stage is made out.
Accordingly, the same is rejected.
Case Diary is returned back to the learned Addl. Public Prosecutor.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail at the current stage is appropriate given the nature of serious allegations including sexual offences.
Whether the prima facie opinion formed after reviewing the Case Diary and statements justifies rejection of bail.
3 provisions across 3 enactments
SAFIKUL ISLAM
THE STATE OF ASSAM
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
