The Gauhati High Court disposed of a pre-arrest bail application under Section 438 Cr.P.C. The petitioners, accused of kidnapping a minor for which there was prima facie incriminating material and a history of absconding, were denied bail.
Pre-arrest bail application is rejected.
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GAHC010024042023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/359/2023
MD. FAKAR UDDIN AND ANR S/O- MONNAS ALI, R/O- VILL.- PHURHANIA ATI, P.S. JURIA, DIST. NAGAON, ASSAM
2: MD. ANARUL ISLAM S/O- ABDUL HEKIM R/O- VILL.- PHURHANIA ATI P.S. JURIA DIST. NAGAON ASSA
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
Advocate for the Petitioner : MR J C BORAH
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 09.05.2023
Heard Mr. JC Borah, learned counsel for the petitioners. Also heard Mr. B Sarma, learned Addl. Public Prosecutor for the State/respondent.
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By this petition filed under Section 438 Cr.P.C., the petitioners, namely, 1. Md. Fakar Uddin and 2. Md. Anarul Islam have prayed for granting pre-arrest bail, apprehending arrest in connection with Special (POCSO) Case No.21/2021 ( Dhing PS Case No.440/2019) under Sections 363/366/376DA of IPC r/w Section 6 of POCSO Act.
Scanned copy of case diary is placed before this Court.
The brief facts of the case is that on 06.09.2019, the FIR named accused persons had kidnapped the minor daughter of the informant.
On perusal of the 164 CrPC statement of the victim who was a minor at the time of the alleged incident, she has stated that the present petitioners took her to Kerala for work. It is further revealed from records that the present petitioners did not co-operate with the investigation as they are absconding since long. This Court finds abundance of prima facie incriminating material against the petitioners.
In the backdrop of facts and evidence available on the case diary, this Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest bail to the petitioners.
Accordingly, the pre-arrest bail application stands rejected.
This disposes of the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted to the petitioners accused of kidnapping a minor under the POCSO Act.
Whether the prima facie incriminating material and absence of cooperation make the petitioners unfit for bail.
1 provisions across 1 enactments
Md. Fakar Uddin and Anr
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
