The Gauhati High Court granted anticipatory bail to the petitioner, Mobina Khatun, in a POCSO case. The court converted earlier interim bail to absolute bail, finding custodial interrogation unnecessary.
The interim pre-arrest bail granted on 16.06.2022 is made absolute subject to conditions of cooperation and not influencing witnesses.
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GAHC010116922022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1652/2022
MOBINA KHATUN
W/O- KALIKUL ISLAM, R/O- VILL.- MOIRABARI, P.O. AND P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN- 782126.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR. P K SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
02.09.2022
Heard Ms. B. Bhuyan, learned counsel for the petitioner. Also Heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of prearrest bail to the petitioner, namely Mobina Khatun , apprehending arrest in
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connection with Moirabari P.S. Case No. 98/2022 u/s 376(2)(8)/376(3)/313 of the IPC r/w Section 6 of the POCSO Act.
The Case diary, as called for, is placed before the Court.
It may be mentioned that by order, dated 16.06.2022, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.
Mr. B.B. Gogoi, learned Addl. Public Prosecutor, submits that the case diary shows that the petitioner appeared before the investigating officer and got her statement recorded under Section 161 Cr.P.C. as per the interim pre arrest bail granted earlier.
In the backdrop of facts and evidence so far collected in the case, this Court is of the opinion that custodial interrogation of the petitioner in the interest of the ongoing investigation may not be required.
Accordingly, the interim pre-arrest bail granted vide order, dated 16.06.2022 is hereby made absolute, subject to the following conditions-
(ii) That the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
Return the case diary.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be made absolute in light of interim bail already granted.
Whether custodial interrogation is required in the interest of ongoing investigation.
6 provisions across 3 enactments
MOBINA KHATUN
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
