The Gauhati High Court allowed an application for anticipatory bail under Section 438 Cr.PC in a case involving IPC 406/420/34. The court held that a case for bail was made out and converted an interim order to an absolute one.
The applicant is granted anticipatory bail and the interim order dated 25.01.2022 is made absolute.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010011742022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/188/2022
MOBERAK HOSSAIN @ MOBARAK HUSSAIN SON OF LATE ABDUL GONI R/O VILL- MONAKACHA, P.O. AND P.S. KALGACHIA DIST. BARPETA, ASSAM PIN CODE-781319
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MRS. B GOGOI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
01.08.2022
Heard Ms. B. Gogoi, learned counsel for the applicant, namely, Moberak Hossain @ Mobarak Hussain, who has filed this application under Section 438 of the Cr.PC seeking pre-arrest bail in connection with Jogighopa P.S. Case No.437/2021, registered under Section 406/420/34 of IPC (corresponding to NGR No.1642/2021).
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether a case for anticipatory bail is made out in a charge related to misappropriation of scholarship amounts.
Whether the interim order dated 25.01.2022 stands absolute subject to cooperation in investigation.
2 provisions across 2 enactments
Moberak Hossain @ Mobarak Hussain
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
