The Gauhati High Court dismissed the petitioner's pre-arrest bail application under Section 438 Cr.PC. Finding the incriminating materials in the case diary contradicted the petitioner's claims, the court held the application devoid of merit.
Pre-arrest bail application dismissed; bail application disposed of.
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GAHC010026262024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/292/2024
ALOM MIAH
S/O- Kashem Ali Vill- Boalia P/S- Mankachar, DIST. SOUTH SALMARA, PIN-783131.
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM
Advocate for the Petitioner : MR. A Z AHMED Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
16-02-2024
Heard Mr. A. Z. Ahmed, learned counsel appearing for the petitioner. Also heard Mr. D. Das, the learned Addl. PP, Assam.
This is an application filed under Section 438 of the Cr.PC, in respect of Mankachar PS Case No. 448/2023 under Sections 448/354/354(A)/354(B)/376(1)/511 IPC.
The informant lady was sleeping on her bed. The petitioner allegedly entered into her bedroom, outraged her modesty and also attempted to commit rape upon her. When she raised alarm over the incident, the relatives of the woman came to the room and the petitioner had run away.
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Mr. Das, the Addl. PP submits that in her statements recorded by police as well as under Section 164 Cr.PC, the lady has supported the prosecution case.
According to Mr. Das, the Addl. PP the medical report also shows that she has sustained some injuries.
The only ground on which the bail application has been filed is that the petitioner is 60 years old. It is further submitted that the husband of the aforesaid lady had borrowed some money from the petitioner and did not return the same.
I have considered the submissions made by the learned counsel for both the sides.
The Case diary does not support the grounds shown by the petitioner where it has incriminating materials against the present petitioner. Therefore, the pre-arrest bail application of the petitioner is found to be devoid of merit and the same stands dismissed accordingly.
The bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether an application for pre-arrest bail should be allowed in light of the applicant's age and the evidence of sexual assault.
Whether the grounds for bail, including financial dispute between husband and petitioner, suffice to grant pre-arrest bail.
1 provisions across 1 enactments
Alom Miah
The State of Assam
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
