Anticipatory bail application under Section 438 CrPC by an accused apprehending arrest for a murder charge (Sections 302/34 IPC). Counsel cited a family dispute and settlement; the State pointed to incriminating materials. Considering the case diary, the court declined pre-arrest bail and rejected the application.
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
GAHC010052482024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/686/2024
RONGMALA BEGUM @ RONGMALA KHATUN W/O RABIUL HUSSAIN, R/O VILL- HATISOLAPAM, P.S.-CHHAYGAON, DISTKAMRUP, ASSAM, PIN-781124
VERSUS
STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. A M KHAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 05.04.2024
Heard Mr. A.M. Khan, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
This is an application under Section 438 of the Code of Criminal Procedure, 1973, praying for grant of pre-arrest bail to the accused/petitioner, namely Rongmala Begum @ Rongmala Khatun, who is apprehending arrest in connection with Chhaygaon P.S. Case
Page No.# 2/2
No.35/2024 registered under Section 302/34 IPC.
Case diary is received. Perused the same.
It is submitted by the learned counsel for the petitioner that there was quarrel between the family members for some personal dispute and there was a push and pull between the parties. Further it is submitted that as per instruction both the parties have already settled the matter and the present petitioner is however ready to appear before the I/O as and when cooperation will be needed.
Learned Additional Public Prosecutor has submitted that there are sufficient incriminating materials against the present accused petitioner showing her direct involvement in the offence.
Considering the submissions made by the learned counsels for both sides as well as considering the materials available in the case diary, this court does not inclined to grant pre-arrest bail to the petitioner.
Accordingly, the anticipatory bail application stands rejected.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to the petitioner apprehending arrest in Chhaygaon P.S. Case No.35/2024 under Sections 302/34 IPC.
2 provisions across 2 enactments
Rongmala Begum @ Rongmala Khatun
State of Assam represented by the Public Prosecutor, Assam
Mitali Thakuria
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
