THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM & Anr. v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
The petition stands disposed of accordingly
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 34, 294, 315, 323, 324, 328, 498(A), 498A, 509
- Dowry Prohibition Act, 1961 s. 4
Judgment
Advocate for the Petitioner : MR. PRAN BORA Advocate for the Respondent : PP, ASSAM B E F O R E HON’BLE MR. JUSTICE HITESH KUMAR SARMA 16-02-2022 This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1) Sayed Page No.# 2/3 Aminul Haque Ahmed, and 2) Sayed Azharul Ahmed, in connection with Belsar P.S. Case No.522/2021 registered under Sections 498(A)/294/509/323/328/315/324/34 of the Indian Penal Code, read with Section 4 of the Dowry Prohibition Act and Section 4 of the Muslim Women (Protection of right of marriage) Act. Heard Mr. P. Bora, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam, for the State Respondent. Case diary produced has been perused. The materials in the case dairy clearly indicate the involvement of the petitioner No.1-Sayed Aminul Haque Ahmed, the husband of the informant, to have committed the alleged offence under Section 498A of the Indian Penal Code.
Operative part
There is material in the case diary including a note of the investigating officer, that the petitioners are threatening the witnesses of the case. In view of the above, the prayer of bail of petitioner No.1-Sayed Aminul Haque Ahmed, is rejected. In so far as petitioner No.2 is concerned, he is the brother of the husband of the informant/petitioner No.1 and his involvement is not to such an extent that his custodial interrogation is essential. Therefore, he is granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the petitioner No.2, above named, in connection with the case aforementioned, he shall be released on bail on his furnishing bail bond of Rs.15,000/- with a suitable surety of the like amount, to the satisfaction of arresting Page No.# 3/3 authority. The direction for pre-arrest bail is subject to the conditions that the petitioner No.2 : (a) shall appear before the Investigating Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. The petition stands disposed of accordingly. Return the case diary. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The petition stands disposed of accordingly
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 34, 294, 315, 323, 324, 328, 498(A), 498A, 509; Dowry Prohibition Act, 1961 — s. 4.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.