Allowed

Asanur Ahmed v. the State of Assam

Gauhati HC2 Aug 2022AB/1968/2022

Case brief

AI extract

What is this about?

In an anticipatory bail application under Section 438 CrPC regarding an FIR under Section 498A IPC, the Gauhati High Court, hearing counsel for the applicant and the Public Prosecutor, observed the absence of statements regarding marriage and dowry torture. Finding the previous ingredients unproven, the court made the interim protection absolute, disposing of the application.

What did the court decide?

The interim order of bail dated 18.07.2022 is made absolute with the same terms and conditions.

Asanur Ahmed Vs the State of Assam — Dowry and Cruelty | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010138362022

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

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Case No. : AB/1968/2022

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ASANUR AHMED S/O NASHIRUDDIN AHMED R/O VILL- SUNDARBARI P.S. JALUKBARI DIST. KAMRUP (M), 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. A PARAMANIK

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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 A Paramanik, learned counsel for the applicant, namely, Asanur Ahmed, who has filed this anticipatory bail application under Section 438 of the Cr.PC praying for pre-arrest bail in connection with Jalukbari PS Case No. 347/2022 under Section 498(A) of the IPC.

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This Court while calling for the Case Diary, vide order dated 18.07.2022 had granted interim protection to the applicant.

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The learned counsel for the applicant has submitted that the very ingredients of Section 498(A) of the IPC are not present as there is no marriage between the parties. Shri Paramanik, learned counsel further submits that there is no allegation of demand for dowry and in absence of the same, no offence of Section 498(A) of the IPC can be committed.

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Shri KK Das, learned Addl. PP, Assam by producing the Case Diary has submitted that though the parties are seen to be living as husband and wife, there is no statement of any other witness regarding marriage of the parties. He further submits that there is no statement with regard to any torture for demand of dowry.

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In view of the above, this Court is of the view that the interim protection granted to him 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 18.07.2022 is hereby made absolute with the same terms and conditions as enumerated in the order dated 18.067.2022.

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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

Asanur Ahmed v. the State of Assam

Case brief

What is this about?

What did the court decide?

Asanur Ahmed 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

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