Partly allowed

Kirmot Ali and 3 Ors. v. the State of Assam

Gauhati HC10 Aug 2022AB/439/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an anticipatory bail application under Section 438 Cr.P.C. Pre-arrest bail was rejected and previous interim bail vacated for two petitioners (father and mother) due to incriminating material regarding kidnapping and selling of a victim, who remains missing. Bail was made absolute for the remaining two petitioners (sons) as no incriminating material was found aga

What did the court decide?

Pre-arrest bail rejected and interim bail vacated for petitioner nos. 1 and 2. Interim bail for petitioner nos. 3 and 4 made absolute. Directed to appear with I.O.

Kirmot Ali and 3 Ors. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010024072022

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

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Case No. : AB/439/2022

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KIRMOT ALI AND 3 ORS S/O LT. AHAD ALI

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R/O VILL- ASSAMKATA, P.O. RADHAMADHABHAT, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR.

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2: ZOHURA KHATUN W/O KIRMOT ALI R/O VILL- ASSAMKATA P.O. RADHAMADHABHAT P.S. MANKACHAR

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DIST. SOUTH SALMARA MANKACHAR.

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3: JOHIRUL ISLAM @ JOSHUMUDDI

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S/O KIRMOT ALI R/O VILL- ASSAMKATA P.O. RADHAMADHABHAT P.S. MANKACHAR

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DIST. SOUTH SALMARA MANKACHAR.

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4: FULBABU @ FULBOR R/O VILL- ASSAMKATA P.O. RADHAMADHABHAT P.S. MANKACHAR 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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Advocate for the Petitioner : MR H SARMA

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Page No.# 2/3

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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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Date : 10.08.2022

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Heard Mr. M. Rana, learned counsel for the petitioner and Mr. D.P. Goswami, learned APP appearing for the State.

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By this application under Section 438 Cr.P.C., the petitioners, namely, (1) Kirmot Ali, (2) Zohura Khatun, (3) Johirul Islam @ Joshumuddi and (4) Fulbabu @ Fulbor, are seeking pre-arrest bail, apprehending arrest in connection with Mankachar Case No.963/2021 under Section 366/ 370/ 371/34 IPC.

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The learned APP has produced the case diary and has opposed the prayer for bail.

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On a perusal of the case diary, it appears that there are incriminating material against the petitioner nos. 1 and 2 of kidnapping the daughter of the informant and selling her out to some unknown person of Rajasthan. The case diary also reveals that the victim daughter has called up her mother and informed that she had been sold in the State of Rajasthan. Moreover, it appears that the victim has not been recovered till date.

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In view of the materials available against the petitioner nos. 1 and 2 in the case diary, the Court is not inclined to grant benefit of pre-arrest bail to the petitioner nos. 1 and 2 namely, (1) Kirmot Ali and (2) Zohura Khatun and their prayer for pre-arrest bail is rejected. Accordingly, the interim bail granted to the petitioner nos. 1 and 2, namely, (1) Kirmot Ali, and (2) Zohura Khatun by order

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Page No.# 3/3

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dated 16.02.2022 is vacated.

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However, as the case diary does not reveal incriminating materials against the petitioner nos. 3 and 4, the Court is of the considered opinion that custodial interrogation of the petitioner nos. 3 and 4 is not warranted. Hence, the interim pre-arrest bail granted to the petitioner nos. 3 and 4, namely, (3) Johirul Islam @ Joshumuddi and (4) Fulbabu @ Fulbor by order dated 16.02.2022 is made absolute on the same terms.

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Apart from other previous conditions, the petitioner nos. 3 and 4 is directed to appear before the I.O. of the case within a period of 10(ten) days from today.

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This anticipatory bail application stands disposed of.

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Return the case diary.

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JUDGE

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Comparing Assistant

Kirmot Ali and 3 Ors. v. the State of Assam

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Kirmot Ali and 3 Ors. v. the State of Assam

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