This single bench order rejects an application for pre-arrest bail under Section 438 Cr.P.C. read with Section 4 of the POCSO Act. The court refused bail and directed the return of the case diary due to sufficient incriminating materials and the petitioner's lack of cooperation.
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GAHC010026942022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/455/2022
MD. MOTIBUR RAHMAN S/O EYASIN ALI @ YEASIN ALI R/O VILL- UDALI GAON P.S. LANKA DIST. HOJAI, ASSAM PIN-782445
VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. H A TALUKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 08.04.2022
Heard the learned counsel Mr. I. Hussain appearing for the petitioner. Heard Mr. B. Sharma, the learned Additional P.P. State of Assam.
This is an application under Section 438 of the Cr.P.C. in the matter of Lanka P.S. case No. 57/2022 corresponding to G.R. case No. 253/2022 under Section 376 of IPC
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r/w Section 4 of POCSO Act, seeking pre-arrest bail.
The petitioner allegedly sexually assaulted one minor girl. She had to be rescued from the clutches of the petitioner. In her statement under Section 161 Cr.P.C. as well as under Section 164 Cr.P.C., she has implicated the petitioner.
There are sufficient incriminating materials against the petitioner. Moreover, the petitioner has not been co-operating with the police investigation. Therefore, this Court is of the opinion that the petitioner does not deserve to be given the privilege of the pre-arrest bail.
The bail application of Md. Motibur Rahman stands rejected accordingly.
The case diary shall be returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to an accused who sexually assaulted a minor and refused to cooperate with police investigation.
5 provisions across 3 enactments
Md. Motibur Rahman
State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
