Petitioner applied for pre-arrest bail under Section 438 CrPC in a kidnapping case (Section 366 IPC) alleging he eloped with the victim. The court granted bail, directing appearance before the Investigating Officer within 10 days.
Petitioner allowed pre-arrest bail on bond of Rs 10,000 with one surety; must appear before IO within 10 days to record statement.
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GAHC010063752022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/899/2022
RUPJYOTI KALITA S/O SRI MOTIRAM KALITA PERMANENT RESIDENT OF VILL- SIMALUA P.O. BALISATRA P.S. KAYAN PIN CODE- 781350 DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. U K BARMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
05.05.2022
By way of this bail application filed under Section 438 CrPC, petitioner, namely, Sri Rupjyoti Kalita, has sought for pre-arrest bail in the event of his arrest in connection with Kamalpur PS Case No. 55/2022, under Section 366 IPC.
Heard the learned counsel for both the parties.
Also perused the record and the Case Diary.
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Apparently, as per the FIR, on 17.03.2022, from around 08:00 pm, the daughter of the informant was found missing from her residence. Now, the victim girl has given her statement under Section 164 CrPC that she, out of her own volition eloped with the accused person and because of her family members, she did not inform the matter at the time of such elopement.
In view of all above, the custodial interrogation of the petitioner is not warranted. Accordingly, the petitioner is allowed to go on pre-arrest bail on his furnishing bail bond of Rs. 10,000/-, with one surety of the like amount to the satisfaction of the arresting authority, with a direction to the petitioner to appear before the IO, within a period of 10 (ten) days from today and get his statement recorded.
Anticipatory Bail Application stands disposed of.
Return the Case Diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted in an anticipatory bail application filed under Section 438 CrPC in a case involving abduction and kidnapping.
2 provisions across 2 enactments
RUPJYOTI KALITA
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
