Partly allowed

Shaha Alom and 3 Ors. v. the State of Assam

Gauhati HC13 Sept 2022AB/1953/2022

Case brief

AI extract

What is this about?

Court rejected pre-arrest bail for Petitioner 1 due to prima facie incriminating material in victim statements. Interim pre-arrest bail for other petitioners was made absolute subject to cooperation and non-inducement conditions.

What did the court decide?

Bail rejected for Petitioner 1; interim bail granted to Petitioners 2, 3, and 4 and made absolute subject to conditions of cooperation and non-inducement.

Shaha Alom and 3 Ors. Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010138012022

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

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Case No. : AB/1953/2022

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SHAHA ALOM AND 3 ORS S/O HAREJ ALI @ HARES ALI R/O TUMNI LAWKHOWA P.S. SOUTH SALMARA DIST. SOUTH SALMARA, MANKACHAR

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2: SHAHANUR MOLLAH S/O IBRAHIM MOLLAH R/O SOLIA

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P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR

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3: ABDUR REZZAK S/O ABU BAKKAR SIDDIQUE R/O GUMAIJAR P.S. LAKHIPUR DIST. GOALPARA ASSAM

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4: HARES ALI @ HAREJ ALI S/O LATE DAROG ALI R/O TUMNI LAWKHOWA P.S. SOUTH SALMARA DIST. SOUTH SALMARA MANKACHAR

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Page No.# 2/3

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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13.09.2022

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Heard Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the petitioners. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely i) Shaha Alom ii) Shahanur Mollah iii) Abdur Rezzak and iv) Hares Ali @Harej Ali , apprehending arrest in connection with South Salmara P.S. Case No. 84/2022 registered u/s 120B/420/419/294/376 of the IPC r/w Section 6 of the POCSO Act r/w Sections 9/10/11 of Prohibition of Child Marriage Act, 2006.

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The Case diary, as called for, is placed before the Court.

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It may be mentioned that by order, dated 12.07.2022, this Court granted the privilege of interim pre-arrest bail to the petitioners No. 2, 3 and 4 subject to conditions.

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Perusal of the case diary reveals prima facie incriminating material against the petitioner No. 1. The victim in her statements recorded u/s 161 and 164 Cr.P.C. has implicated the petitioner with the commission of the alleged offences. Therefore, this Court finds it not a fit case to grant the privilege of

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Page No.# 3/3

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pre-arrest bail to the petitioner No. 1.

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Accordingly, the pre-arrest bail application of the petitioner No. 1 stands rejected.

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Pursuant to the interim pre-arrest bail granted earlier the petitioners No. 2, 3 and 4 have appeared before the investigating officer and got their statements recorded u/s 161 Cr.P.C. In the backdrop of facts and evidence as emerge from the case diary, this Court is of the opinion that custodial interrogation of the petitioners No. 2, 3 and 4 may not be required in the interest of the ongoing investigation into the case.

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Accordingly, the interim pre-arrest bail granted to the petitioners No. 2, 3 and 4 vide order, dated 12.07.2022 is hereby made absolute, subject to the following conditions-

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(i) That the petitioners No. 2, 3 and 4 shall co-operate in investigation as and when required; and

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(ii) That the petitioners No. 2, 3 and 4 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.

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Return the case diary.

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This disposes of the anticipatory bail application.

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JUDGE

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Comparing Assistant

Shaha Alom and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Shaha Alom and 3 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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