The Gauhati High Court considered an application for pre-arrest bail under Section 438 Cr.P.C. in a case involving IPC offences and POCSO. The court held that bail was premature as the charge sheet was already filed, closing the current application.
The pre-arrest bail application was closed; liberty to approach the trial court for regular bail.
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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GAHC010078532024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1045/2024
ASMAT ALI
S/O- LATE JURAN HUSSAIN, R/O- VILLAGE- UTTAR PATA, MAJGAON, P.O. MAJGAON, P.S. PATACHARKUCHI, DIST.- BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM
2:RAFIQUL ISLAM S/O- LATE WAZED ALI R/O- VILL.- UTTAR PATA P.S. PATACHARKUCHI DIST.- BARPETA (ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
02.07.2024
Heard Mr. B. Choudhury, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam.
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By this application under Section 438 Cr.P.C., the petitioner, namely, Asmat Ali is seeking pre-arrest bail in connection with Patacharkuchi P.S. Case No. 07/2024 under Sections 342/323 of the IPC r/w Section 8 of the POCSO Act.
Mr. Baruah, the learned Addl. Public Prosecutor, Assam on instructions submits that the investigation has already been completed and charge sheet has been filed by the Investigating Officer being Charge Sheet No. 73/2024 dated 30.04.2024.
In that view of the matter, the present bail application stands closed.
The petitioner shall be at liberty to approach the learned Court’s below seeking regular bail and in the event, such application is filed, same may be considered in accordance with law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail in connection with Case No. 07/2024 under IPC Sections 342/323 and POCSO Section 8.
3 provisions across 3 enactments
Asmat Ali
The State of Assam
Rafiqul Islam
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
