Allowed

Enamul Hoque @ Enamul Hussain and 2 Ors. v. the State of Assam

Gauhati HC16 Sept 2022AB/2198/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted anticipatory bail to three petitioners facing charges of kidnapping and sexual assault, holding that custodial interrogation was unnecessary despite incriminating materials and allegations against a named accused.

What did the court decide?

Pre-arrest bail granted on furnishing a bond of Rs. 40,000/- with one suitable surety of like amount.

Enamul Hoque @ Enamul Hussain and 2 Ors. Vs the State… — Cheating and Forgery | Gauhati HC (2022)

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GAHC010154662022

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

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Case No. : AB/2198/2022

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ENAMUL HOQUE @ ENAMUL HUSSAIN AND 2 ORS. S/O JOSMAT ALI @ JASMAT ALI R/O VILL- BURIRMARAI P.S. DHUBRI, DIST. DHUBRI, ASSAM MOBILE NO. 7002778142

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2: JOSMAT ALI @ JASMAT ALI S/O AUWAL SHEIKH R/O VILL- BURIRMARAI P.S. DHUBRI

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DIST. DHUBRI ASSAM MOBILE NO. 7002778142 3: EKRAMUL @ EKRAMUL HOQUE S/O JOSMAT ALI @ JASMAT ALI R/O VILL- BURIRMARAI P.S. DHUBRI

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DIST. DHUBRI ASSAM MOBILE NO. 700277814 VERSUS

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THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A K AHMED

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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16.09.2022

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Heard Mr. A.K. Ahmed, learned counsel for the petitioners. Also heard Mr. M.P. Goswami, learned APP appearing for the State.

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Apprehending arrest in connection with Dhubri P.S. Case No. 1303/2022 under Sections 365 /343 /376 /379 /420 /406 /506 IPC, the petitioner has filed this application under section 438 Cr.P.C.

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The learned APP has produced the case diary and has opposed the prayer for bail on the ground that the case diary disclosed that on 03.08.2021 the informant had withdrawn a sum of Rs. 80,000/- from the bank and in her statement made under Section 161 as well as 164 Cr.P.C., she has submitted that the FIR named accused No. 1 had sexually assaulted her.

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On perusal of the case diary it appears that there is specific allegation of sexual assault by the FIR named accused No. 1 herein. There is no specific allegation against the petitioners of having kidnapped her. It also appears that the petitioner No. 2 has appeared before the I.O. and has also given his statement before the I.O.

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Although there are incriminating materials against the petitioners, but be that as it may, the Court is of the considered opinion that custodial interrogation of the petitioners may not be necessary.

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In view of above, the Court is inclined to grant pre-arrest bail to the

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petitioners by providing that in the event of the arrest of the petitioners, namely, (1) Enamul Hoque @ Enamul Hussain(24), (2) Josmat Ali @Jasmat Ali (53) and (3) Ekramul @Ekramul Hoque (22) in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.40,000/- with one suitable surety of like amount to the satisfaction of the arresting officer.

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The pre-arrest bail is granted on the following conditions:

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The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.

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The petitioners 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 Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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The petitioners shall not obstruct the smooth progress of the investigation/trial.

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The petitioners shall not misuse their liberty in any manner.

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The petitioners shall appear before the I/O within 10 (ten) days from today.

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Application stands disposed of.

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JUDGE

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Comparing Assistant

Enamul Hoque @ Enamul Hussain and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Enamul Hoque @ Enamul Hussain and 2 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

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