The High Court allowed a second pre-arrest bail application under Section 438 CrPC regarding an IPC 365 case. The Court opined that the petitioners aided a man the victim was in love with and found their detention unnecessary under the circumstances.
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GAHC010020252023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/293/2023
SAMSUL ALI @ SAMSUL SK @ SAMSUL HOQUE AND ANR S/O- GOLZAR ALI, R/O- KACKHUARKHASH PART-I, P.S. AND DIST. DHUBRI, ASSAM
2: BILLAL SK @ BALLAL SK.
S/O- JAMURUDDIN SK. R/O- BINNACHARA P.S. FAKIRAGRAM DIST. KOKRAJHAR ASSA VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
09.05.2023
Heard Mr. S. Munir, learned counsel appearing for the petitioners. Also heard Mr. R.R. Kaushik, learned Addl. Public Prosecutor, Assam
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representing the State.
After the rejection of the earlier bail application, the second bail application under Section 438 of the CrPC in respect of Fakiragram P.S. Case No.38/2022 registered under Section 365 of the IPC has been preferred.
The petitioner no.1 Samsul Ali @ Samsul Sk. once proposed to a 15 year old girl and the girl refused his proposal. Subsequently, on 07.05.2022, Samsul Ali @ Samsul Sk. and Billal Sk. (petitioner no.2) made her to board in a vehicle. She was taken to the house of Samsul Ali @ Samsul Sk. and thereafter, police recovered the victim girl.
The victim girl in her statement has stated that while she was in the house of Samsul Ali @ Samsul Sk., nobody did anything to her.
Mr. Munir submits that the said girl had love-affair with Guljar Ali Sk. and these two petitioners only helped him (Guljar Ali Sk.) while the girl had eloped with Guljar Ali Sk. Mr. Munir further submits that the girl was recovered by police as she eloped with Guljar Ali Sk.
Today, I have gone through the case diary.
It appears that the present two petitioners helped Guljar Ali Sk. only as the girl was in love with Guljar Ali Sk.
Under the given circumstances of the case, this Court is of the opinion that the present two petitioners do not deserve to be detained in custody for the allegation brought against them. Therefore, their prearrest bail application is allowed.
It is hereby directed that in the event of arrest of the petitioners,
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namely- (1) Samsul Ali @ Samsul Sk. @ Samsul Hoque and (2) Billal Sk. @ Ballal Sk., they shall be released on bail of Rs.25,000/- each with one surety each of like amount to the satisfaction of the arresting authority.
The application for bail is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioners deserve bail on the allegation of aiding another man in eloping with a minor.
Whether the presumption of innocence supports release on pre-arrest bail in the given circumstances.
2 provisions across 2 enactments
Samsul Ali @ Samsul Sk @ Samsul Hoque And Anr
The State of Assam Represented By The Public Prosecutor
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
