Allowed

Ayubul Islam v. the State of Assam

Gauhati HC2 Aug 2022AB/1835/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the applicant's application for anticipatory bail under Section 438 Cr.PC in connection with an offence under Section 365 IPC. The court made the interim protection granted earlier absolute based on the case diary and victim's statement indicating no allegation of physical relationship.

What did the court decide?

The instant anticipatory bail application is allowed and the interim order of bail dated 30.06.2022 is made absolute with the same terms and conditions.

Ayubul Islam Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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GAHC010130892022

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

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Case No. : AB/1835/2022

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AYUBUL ISLAM

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S/O NAJRUL ISLAM PERMANENT R/O SARUPATHAR, P.S. SARUPATHAR, DIST. GOLAGHAT, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. S BORA

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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02.08.2022

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Heard Shri S Bora, learned counsel for the applicant, namely, Ayubul Islam, who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Rupahihat PS Case No. 166/2022 under Section 365 of the IPC.

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This Court while calling for the Case Diary, vide order dated 30.06.2022 has

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granted interim protection to the applicant.

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Shri Bora, learned counsel for the applicant submits that though the applicant is named in the FIR, there is no serious allegation against him.

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Shri KK Parasar, learned Addl. PP, Assam by producing the Case Diary has submitted that the alleged victim in her statement made under Section 164 of the Cr.PC has submitted that though it is a fact that she has fled away with the accused, there is no allegation against the accused of having any physical relationship with her in that period. The victim girl also stated that she was in love with the accused for last three years.

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After considering the aforesaid facts and circumstances and also the materials in the Case Diary, this Court is of the view that the interim protection granted to applicant is required to be made absolute.

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Accordingly, the instant anticipatory bail application is allowed and the interim order of bail dated 30.06.2022 is hereby made absolute with the same terms and conditions as enumerated in the order dated 30.06.2022.

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The applicant is, however, directed to continue to render full cooperation with the investigation of the case and not to indulge in any activities detrimental to the same.

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The bail application stands disposed of.

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Return the Case Diary to the learned Addl. PP forthwith.

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JUDGE

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Comparing Assistant

Ayubul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ayubul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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