Allowed

Sirajul Hoque @ Shirajul Hoque v. the State of Assam

Gauhati HC6 Dec 2022AB/3067/2022

Case brief

AI extract

What is this about?

The court disposed of an anticipatory bail application. It granted liberty to the petitioner to appear before the Juvenile Justice Board within 15 days to plead juvenility. Pre-arrest bail is granted conditioned on the petitioner alleging juvenility before the Board and submitting a bail bond if arrested.

What did the court decide?

Petitioner granted liberty to approach Juvenile Justice Board within 15 days; bail granted in event of arrest on Rs. 20,000 bond with one surety.

Sirajul Hoque @ Shirajul Hoque Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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GAHC010210332022

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

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Case No. : AB/3067/2022

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SIRAJUL HOQUE @ SHIRAJUL HOQUE

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S/O- JOSMAT ALI @ JASMAT ALI, REP. BY HIS MOTHER SMT. ILIMA BIBI (40) W/O- JOSMAT ALI @ JASMAT ALI R/O- VILL- BURIRMARAI, P.S. DHUBRI, DIST.- DHUBRI, ASSAM, M.NO. 7002778142

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VERSUS

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THE STATE OF ASSAM REP. BY P.P., 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 MANISH CHOUDHURY

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ORDER

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Date : 06-12-2022

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Heard Mr. A.K. Ahmed, learned counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioner viz. Sirajul Hoque @ Shirajul Hoque has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in

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connection with Dhubri Police Station Case no. 1303/2022, registered for offences punishable under Sections 365/343/376/379/420/406/506, Indian Penal Code [IPC].

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The learned counsel for the petitioner has referred to the Certificate of Birth issued by the Registrar of Birth & Death, Dharmashala PHC, Department of Health Services, Government of Assam, has recorded the date of birth of the petitioner as 02.12.2005. As per the First Information Report [FIR] lodged on 12.08.2021, the alleged incident had occurred during the period from 03.08.2021 to 11.08.2021. Prima facie, the petitioner was below 18 years of age during the period of the alleged incident i.e. 03.08.2021 to 11.08.2021.

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In view of the above, the instant bail application is disposed of, granting liberty to the petitioner to appear before the learned Juvenile Justice Board, Dhubri [‘the Board’] and to raise his plea of juvenility within 15 [fifteen] days from today. Once the petitioner appears before the Board, the Board shall decide the question of juvenility as per the procedure laid down in the Juvenile Justice [Care and Protection of Children] Act and Juvenile Justice [Care and Protection of Children] Rules. Till then, in the event of arrest of the petitioner viz. Sirajul Hoque @ Shirajul Hoque in connection with Dhubri Police Station Case no. 1303/2022, he shall be released on bail on furnishing a bail bond of Rs. 20,000/- with one local surety of the like amount, to the satisfaction of the arresting authority.

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This order disposes of the bail application.

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JUDGE

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Comparing Assistant

Sirajul Hoque @ Shirajul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sirajul Hoque @ Shirajul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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