Allowed

Abdul Salam and 4 Ors. v. the State of Assam

Gauhati HC8 Feb 2023AB/156/2023

Case brief

AI extract

What is this about?

The Gauhati High Court granted pre-arrest bail to petitioners facing arrest for attempted child marriage. The court held that while incriminating materials existed, police intervention preventing the marriage made custodial interrogation unnecessary.

What did the court decide?

pre-arrest bail granted with a bond of Rs.50,000/- each and conditions regarding availability, non-interference with investigation, and appearance before the Investigating Officer.

Abdul Salam and 4 Ors. Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2023)

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GAHC010007652023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/156/2023

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ABDUL SALAM AND 4 ORS S/O- JIYARAT ALI, R/O- VILLAGE TAPATARY, P.S- ABHAYAPURI, DIST- BONGAIGAON, ASSAM

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2: MAMIRAN BIBI W/O-ABDUL SALAM

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R/O- VILLAGE TAPATARY

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P.S- ABHAYAPURI DIST- BONGAIGAON ASSAM

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3: MOJAFFAR ALI S/O- BAHAR ALI

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4: BAHAR ALI S/O- BAKKAR ALI

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5: MOHILA BIBI W/O- BAHAR ALI

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PETITIONER NO. 3 4 AND 5 ARE RESIDENTS OF VILLAGE KAYETPARA PART II

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P.S- ABHAYAPURI

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DIST - BONGAIGAON ASSA

VERSUS

THE STATE OF ASSAM

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REP. BY PP, ASSAM

Advocate for the Petitioner : MR. M KHAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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Date : 08.02.2023

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Heard Mr. M. Khan, learned counsel for the petitioners. Also heard Ms. S.H. Bora, learned APP appearing for the State.

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Apprehending arrest in connection with Abhayapuri P.S. Case No. 551/2022 under sections 9/10 of the Prohibition of Child Marriage Act, 2006, the petitioners have filed this application under section 438 Cr.P.C.

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The learned APP has produced the case diary and has opposed the prayer for bail on the ground that the petitioners were planning to marry out the minor girl.

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On a perusal of the case diary, it appears that there are sufficient materials in the case diary to suggest that the victim girl, on the date of occurrence was minor aged about 17 years.

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Therefore, although the case diary contains incriminating materials against the petitioners of trying to solemnize the marriage of a minor girl, but on considering that due to intervention of the police, the marriage could not be solemnized, the Court is of the considered opinion that the custodial

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interrogation of the petitioners is not necessary.

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Accordingly, the Court is inclined to grant pre-arrest bail to the petitioners, namely, (1) Abdul Salam, (2) Mamiran Bibi, (3) Mojaffar Ali, (4) Bahar Ali, and (5) Mohila Bibi by providing that in the event of their arrest in connection with the aforesaid case, they shall be released on pre-arrest bail on furnishing bail bond of Rs.50,000/- each with one suitable surety of like amount to the satisfaction of the arresting officer.

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The pre-arrest bail is granted on the following conditions:

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The petitioners shall make themselves available to the police or any other investigating agency or Court in the present case as and when required.

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The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. They shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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The petitioners shall not obstruct the smooth progress of the investigation/trial.

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The petitioners shall not misuse their liberty in any manner.

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The petitioners shall appear before the I/O within 7 (seven) days from today and they shall continue to appear till their appearance is dispensed with or charge-sheet is filed, whichever is earlier, failing which it would be open to the I.O. to move the jurisdictional Court and apply for cancellation of bail.

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Page No.# 4/4

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Application stands disposed of.

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Case diary is returned.

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JUDGE

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Comparing Assistant

Abdul Salam and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Abdul Salam and 4 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

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