On an application for pre-arrest bail under Section 438 CrPC in a case under Section 366 IPC, the High Court held that custodial interrogation was not warranted and allowed the petition, making an earlier interim order absolute.
Bail petition allowed; interim order of 04.03.2022 made absolute; case diary returned.
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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GAHC010041712022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/652/2022
DEBARAM PEGU @ DEWARAM PEGU S/O- LATE SIRMIA PEGU, R/O- VILL.- BALIANI CHAPORI, P.S. GHILAMARA, DIST.- LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
18.05.2022.
By filing this petition under Section 438 of the CrPC, petitioner Debaram Pegu @ Dewaram Pegu has sought for pre-arrest bail in connection with the Ghilamara P.S. Case No.17/2022, (corresponding to G.R. Case No.51/2022), registered under Section 366 of the IPC.
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Heard learned counsel for both sides and perused the record as well as the case diary produced.
As per the FIR, the victim girl (daughter of the informant) fled away along with the son of the present petitioner, namely Dici Pegu. It is alleged that the present petitioner, being the father of the prime accused, did not cooperate with the informant to recover of the victim girl.
In the given facts and circumstances, the custodial interrogation of the accused/petitioner is not warranted.
Considering all the above, it seems that custodial interrogation of the petitioner is not warranted and accordingly this bail petition stands allowed and the interim order granted earlier on 04.03.2022, is hereby made absolute.
Return back the case diary forthwith.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner in connection with FIR under Section 366 IPC regarding the alleged abetting of a minor's elopement.
1 provisions across 1 enactments
Debaram Pegu @ Dewaram Pegu
The State of Assam Represented by the Public Prosecutor, Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
