High Court rejected a pre-arrest bail application under Section 438 CrPC for a petitioner facing charges of kidnapping and murder. The Court found sufficient incriminating evidence in the case diary requiring custodial interrogation for investigation.
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GAHC010126592023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2091/2023
MOHIBUR SK @ SHEIKH S/O- LT. FOYSAL HOQUE, R/O- CHOTO BOZAR, KHOPATI AJ KHANDA, PART-II, UNDER SUKCHAR POLICE STATION IN THE DISTRICT OF SOUTH SALMARA, MANKACHAR, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR D TALUKDAR Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
04-08-2023
Heard Mr. D. Talukdar, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State.
By this application under Section 438 CrPC, the petitioner, namely, Mohibur Sk @ Sheikh apprehending his arrest is seeking pre-arrest bail in Geetanagar P.S. Case No.101/2014 registered under Sections 364(A)/302/201 IPC.
Petitioner herein earlier preferred a pre-arrest bail application in said Geetanagar P.S. Case No.101/2014 being AB No. 1438/2016 along with another accused of the case, that was rejected vide order dated 05.08.2016 by this Court on perusal of the case diary.
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Perused the up-to-date case diary placed before the Court today by Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam.
Matter relates to kidnapping of a boy on 12.04.2014 near from the State Zoo at Guwahati, who is still missing till date.
From the case diary, it is seen that a group of persons made a plan to kidnap the victim along with a female with them and after kidnapping the boy, the accused persons demanded ransom.
During the investigation, some of the accused persons had already been arrested.
Case diary reveals the involvement of the petitioner in the alleged crime, who is evading arrest till date.
Finding sufficient incriminating materials in the case diary against the petitioner, the Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Mohibur Sk @ Sheikh in said Geetanagar P.S. Case No.101/2014 as his custodial interrogation is necessary for proper investigation of the case.
Accordingly, this pre-arrest bail application of the petitioner, named above, in said Geetanagar P.S. Case No.101/2014 stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case involving kidnapping and attempted murder where custodial interrogation is deemed necessary?
MOHIBUR SK @ SHEIKH
THE STATE OF ASSAM
MANASH RANJAN PATHAK
As recorded by the court registry
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