Petitioner sought pre-arrest bail under Section 438 CrPC regarding a kidnapping charge involving the alleged murder of a minor. The High Court, noting the grave nature of the offence and the unrecovered victim, rejected the bail application.
Application for pre-arrest bail under Section 438 CrPC rejected.
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GAHC010036432022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/587/2022
MD. JAHANGIR ALOM SON OF AKBAR ALI R/O AKBAR ALI R/O VILL- MOAMARI, P.O. TULSIBARI, P.S. LAKHHIMPUR DIST. GOALPARA, ASSAM, PH. NO. 8638466844
VERSUS
THE STATE OF ASSAM REP. BY PP, ASSAM
Advocate for the Petitioner : MR. H K SHARMA
Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
05.05.2022
By filing this petition under Section 438 of the CrPC, the petitioner, namely- Md. Jahangir Alom has sought for pre-arrest bail, in the event of arrest,
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in connection with Lakhipur P.S. Case No.337/2017 under Sections 364(A)/34 IPC.
Heard both sides. Perused the case diary that has been produced.
The informant has alleged that his minor son aged about 7 yeas did not return home and subsequently it was known that the present accused petitioner along with other persons named in the FIR has kidnapped his son and he was not yet recovered. On other occasion also, it is alleged in the FIR that the accused person claimed Rs.1 lakh from the informant with a threatening to kidnap his son in case he failed to fulfil the demand of money.
During investigation, complicity of the petitioner is suggested that he was involved in kidnapping of the informant’s son and till now his body is not recovered. The case appears to be an offence of murder, which, however, the I/O has not yet added Section 302 IPC as the body of the victim is not yet recovered.
Considering the serious nature of offence and complicity of the petitioner, with the alleged offence, this court is of the opinion that it is not a fit case to grant privilege of pre-arrest bail. Accordingly, same stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail under Section 438 CrPC is maintainable in a case involving alleged kidnapping of a minor and murder.
Whether the serious nature of the offence and untraceability of the victim precludes granting pre-arrest bail.
3 provisions across 2 enactments
Md. Jahangir Alom
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
