This judgment shows consideration of an anticipatory bail application under Section 438 Cr.P.C., where the applicant faced arrest with a co-accused implication. The court, after reviewing the Case Diary, held it was not a fit case and rejected the prayer.
The anticipatory bail application was rejected and disposed of.
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.
Page No.# 1/2
GAHC010056682023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/984/2023
NOOR ALOM
S/O- SHAHEB ALI AHMED, VILL- KHAROPARA, P.S. RANGJULI, DIST.GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : MR. A M KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
03.04.2023
Heard Mr. A. M. Khan, learned counsel for the applicant. Also heard Mr. K. K.
Das, learned Additional P.P., Assam appearing for the State, who has produced
the Case Diary.
By filing this application under Section 438 Cr.P.C. the applicant herein has
approached this Court seeking anticipatory bail apprehending arrest in
Page No.# 2/2
connection with Dhupdhara P.S. Case No.03/2023 registered under Section 379 of the IPC.
After perusing the Case Diary I find that one of the co-accused has implicated the applicant. Moreover, a master key for opening all types of vehicles has also been seized by the police.
In view of the materials available in the Case Diary, I am of the view that this is not a fit case for granting anticipatory bail. As such, the prayer made in the I.A. stands rejected.
The Anticipatory Bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the anticipatory bail application should be granted given the co-accused implication and seizure of evidence.
1 provisions across 1 enactments
Noor Alam
The State of Assam, Rep. by P.P., Assam
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
