The Gauhati High Court dismissed an application under Section 438 Cr.P.C. for pre-arrest bail. The court noted the investigation was ongoing and there were no new valid grounds, referencing an earlier rejection.
Present petition and prayer for pre-arrest bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010264242022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/3790/2022
FUJAIEL AHMED @ RAJIB AHMED S/O- HOFIQUL ISLAM, R/O- GEROKENI, P.O. BECHAMARI, P.S. DHING, DIST.- NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
Date : 13.2.2023
Heard Mr. HRA Choudhury,learned Senior Counsel assisted by Mr. J. Islam, learned counsel for the petitioner. Also heard Mr R. J. Baruah, learned Additional Public Prosecutor for the State respondent.
This application under Section 438 Cr.P.C. is preferred by accused petitioner namely, Fujaiel Ahmed @ Rajib Ahmed for grant of pre-arrest bail, who has been apprehending arrest in connection with Dhing Police Station Case No. 141/2022 under Sections 354/506 of IPC read with Section 12 of the POCSO
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Act .
The petitioner has approached this court for the second time by filing the present petition u/s 438 Cr.P.C. for grant of privilege of pre-arrest bail to the petitioner.Earlier this court rejected such prayer by order dated 26.9.2022 passed in AB 2833/2022.
Perused the case diary produced. The case diary discloses that the investigation is still going on and certain CDR report are being verified and the police is trying to recover the photograph, which were uploaded in instagram account.
This court earlier rejected anticipatory bail considering the statement recorded by the victim which discloses clear involvement of the petitioner in the alleged crime.
Considering the above and also considering the fact that no valid and new grounds are available in the present petition to grant the privilege of pre-arrest bail, which was earlier rejected, this court is of the view that the present petition is deserved to be dismissed.
Accordingly, present petition stands dismissed.
Case diary be returned back.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether anticipatory bail should be granted having regard to the earlier rejection and pendency of investigation.
Whether any valid or new grounds existed to dispose the present petition differently.
1 provisions across 1 enactments
Fujaiel Ahmed @ Rajib Ahmed
The State of Assam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
