Allowed

Mustafizur Rahman v. the State of Assam

Gauhati HC14 Mar 2022AB/184/2022

Case brief

AI extract

What is this about?

The Gauhati High Court allowed the petitioner'’s application for pre-arrest bail under Section 438 Cr.P.C. in a case alleging he improperly photographed and seduced his stepdaughter, cancelling her marriage. The court found allegations speculative and ordered release on bail of Rs. 10,000.

What did the court decide?

Petitioner released on bail of Rs. 10,000 with a surety of like amount to appear before the Investigating Officer within 10 days.

Mustafizur Rahman Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010010852022

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

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Case No. : AB/184/2022

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MUSTAFIZUR RAHMAN S/O LATE SAHA ALOM VILL- HAPA CHARA PATHAR P.S. KALGACHIA DIST. BARPETA, PIN-781319

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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. A ROSHID

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 14.03.2022.

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Heard Md. I.H. Laskar, the learned counsel appearing for the petitioner.

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Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam.

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Page No.# 2/2

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This is an application filed by the petitioner namely, Mustafizur Rahman, u/s 438 of Cr.P.C, praying for pre-arrest bail in connection with Abhayapuri P.S. Case No. 14/2022, under section 354(D)/506/34 of IPC.

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The case diary is placed before this Court.

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This allegation is made by the father of a 19 years old girl, that the present petitioner with ill intention took some objectionable photographs with his daughter and by exhibiting some photographs managed to cancel her marriage with someone.

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On a plain reading of the FIR, it appears that the allegation made against the present petitioner is only on the basis of the speculation. In fact, no criminal act has been made against the petitioner.

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Therefore, he does not deserve to be detained in custody.

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Accordingly, the pre-arrest bail prayer of the petitioner is allowed.

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It is hereby directed that in the event of arrest, the petitioner namely Mustafizur Rahman, shall be released on bail of Rs. 10,000/- (Rupees Ten Thousand only) with a surety of like amount, to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within next 10 days from today.

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With the aforesaid observation, the pre-arrest bail application stands disposed of.

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JUDGE

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Comparing Assistant

Mustafizur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Mustafizur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

Coram

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