Application for pre-arrest bail under Section 438 CrPC dismissed. Court found serious complicity in an assault involving a child victim, holding it not a fit case to grant bail before arrest.
Pre-arrest bail under Section 438 CrPC rejected; case diary returned.
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GAHC010058792022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/868/2022
KHOKSHED ALI AND ANR S/O LATE ISMAIL KHAN R/O PATHALIPARA P.S. BOKO DIST. KAMRUP, ASSAM
2: AMIRAN NESSA W/O KHOKSHED ALI R/O PATHALIPARA P.S. BOKO DIST. KAMRUP ASSA
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. A PARAMANIK
Advocate for the Respondent : PP, ASSAM
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:: 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- (1) Khokshed Ali and (2) Amiran Nessa have sought for pre-arrest bail, in the event of arrest, in connection with Boko P.S. Case No.485/2021 under Sections 120(B)/326/324/34 of IPC.
Heard learned counsel for both sides. Perused the case diary that has been produced.
The victim herein is a 9 years boy, who happened to be the nephew of the informant, was severely assaulted by the accused persons named in the FIR, including the petitioners herein. Several witnesses has been examined who have supported the contention raised in the FIR. Medical report also reveals the victim sustained grievous injuries on his person, which was caused by sharp weapon.
Considering the serious complicity of the petitioners 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
1 issue framed by the court
Whether it is a fit case to grant pre-arrest bail to accused persons implicated in a case involving grievous hurt to a child?
1 provisions across 1 enactments
KHOKSHED ALI AND ANR
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
