In this anticipatory bail application under Section 438 CrPC, the Gauhati High Court rejected the petitioners' prayer for pre-arrest bail. The court found ample incriminating material against them in a case involving violent assault, holding it unfit for granting such relief.
Prayer for pre-arrest bail under Section 438 CrPC was rejected.
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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GAHC010184112022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2653/2022
AZIMUL HOQUE SK. AND ANR. S/O- LT. ABDUL KASHEM, R/O- VILL- BOROVITA, P.O. AND P.S. KAZIGAON, DIST.- KOKRAJHAR, BTR, AND ASSAM, PIN- 783370
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
2:NURUDDIN BHUYAN S/O- LT. ABDUL KASHEM R/O- VILL- BOROVITA P.O. AND P.S. KAZIGAON DIST.- KOKRAJHAR BTR AND ASSAM PIN- 78337
Advocate for the Petitioner : MR P K DAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 28-11-2022
Heard Mr. P.K. Das, learned counsel for the petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.
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the petitioners viz. [1] Azimul Hoque Sk. and [2] Nuruddin Bhuyan have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Kazigaon Police Station Case no. 40/2022 registered under Sections 148/341/342/326/307, Indian Penal Code [IPC].
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the court can extend pre-arrest bail under Section 438 CrPC when ample incriminating materials exist against the petitioners.
Whether the petitioners under 12/13 IPC have authorized by their own acts to be tried.
2 provisions across 2 enactments
Azimul Hoque Sk.
Nuruddin Bhuyan
State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
