The Gauhati High Court converted interim pre-arrest bail into absolute bail for the petitioner facing child marriage and POCSO charges, holding custodial interrogation unnecessary for ongoing investigation.
The interim pre-arrest bail granted earlier was made absolute subject to cooperation in investigation and not influencing witnesses.
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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GAHC010035362023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/522/2023
ABDUL KALAM MAZUMDER S/O LATE SAFIKUR RAHMAN MAZUMDER, VILL- ITARKANDI PART-I, P.S. HAILAKANDI SUB-DIVISION, P.O. AND DIST. HAILAKANDI, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MRS. S ROY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
04.05.2023
Heard Ms. A. Das, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
This petition under Section 438 Cr.P.C., is filed for granting the privilege of
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pre-arrest bail to the petitioner, namely Abdul Kalam Mazumder , apprehending arrest in connection with Hailakandi P.S. Case No. 31/2023 registered u/s 9/10/11(1) of the Prohibition of Child Marriage Act, 2006 read with Sections 4/17 of the POCSO Act, 2012.
The Case diary, as called for, is placed before the Court.
It may be mentioned that by order, dated 21.02.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.
Mr. R.J. Baruah, learned Addl. Public Prosecutor, submits that the case diary shows that at the time of marriage, the victim was aged about 17 years 6 months. In terms of the interim pre-arrest bail granted earlier the petitioner appeared before the investigating officer and got his statement recorded under Section 161 Cr.P.C..
In the backdrop of facts and materials available on the case diary, this Court is of the opinion that custodial interrogation of the petitioner may not be necessary in the interest of the ongoing investigation into the case.
Accordingly, the interim pre-arrest bail granted vide order, dated 21.02.2023 is hereby made absolute, subject to the following conditions-
(i) That the petitioner shall co-operate in investigation as and when required; and
(ii) That the petitioner 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 the Court or to any police officer.
Return the case diary.
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This disposes off the anticipatory bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to confirm the interim pre-arrest bail granted on 21.02.2023 as absolute.
Whether custodial interrogation is necessary given the facts available.
3 provisions across 3 enactments
ABDUL KALAM MAZUMDER
THE STATE OF ASSAM
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
