Single-judge order dismissing an application for pre-arrest bail under Section 438 Cr.P.C. The court relied on the victim's statement under Section 164 Cr.P.C. to conclude clear involvement, deeming it not a fit case for bail.
Application for pre-arrest bail dismissed and case diary returned.
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GAHC010119032024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1570/2024
FULMON ALI
S/O ANSER ALI, VILL- CHANDMARI, P.S.-AGIA, DIST- GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:HASEN ALI S/O LATE FAIZUDDIN SHEIKH VILL- GODHARBORI P.S.-AGIA DIST-GOALPARA (ASSAM) PIN NO-78312
Advocate for the Petitioner : MR F HAQUE
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
02.07.2024
Heard Mr. F. Haque, 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, Fulmon Ali is seeking pre-arrest bail in connection with Agia P.S. Case No. 39/2024 under Sections 8 of POCSO Act.
Case Diary was called for by this Court.
Same is produced.
Perused the materials available on the Case Diary.
Also perused the statement of the victim girl recorded under Section 164 of the Cr.P.C. which suggest clear involvement of the petitioner inasmuch as the victim has specifically implicated the present petitioner.
In view of the aforesaid, this court is of the opinion that this is not a fit case for grant of privilege of pre arrest bail and accordingly the same stands dismissed.
Case diary be returned back.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail under Section 438 Cr.P.C. in a case under Section 8 of the POCSO Act involving a specific victim statement.
3 provisions across 2 enactments
FULMON ALI
THE STATE OF ASSAM AND ANR
ARUN DEV CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
