THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.
Case at a glance
- Decided
- 16 Jul 2024
- Bench
- SUSMITA PHUKAN KHAUND
Outcome
Disposed of
In the above terms this Anticipatory Bail application stands disposed of
Provisions considered
- Code of Criminal Procedure, 1973 ss. 164, 438
- Indian Penal Code, 1860 ss. 109, 376
Key paragraphs
- Para 1111. In the above terms this Anticipatory Bail application stands disposed of.
Judgment
ORDER Heard Mr. G. Chamuah, learned counsel for the petitioners namely 1. Ukil Ali @ Ukil Hussain, 2. Aminur Sheikh @ Aminul Ali and 3. Sumar Ali @ Samir Ali.
The petitioners have filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as they are apprehending arrest in connection with Kokrajhar Police Station Case No. 28/2024 under Sections 109/376 of the Indian Penal Code, 1860 corresponding to G.R. No. 52/2024.
Heard Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.
The allegation against the petitioners is that the petitioner No. 2 was present when the accused No. 1 Rafikul Islam committed rape on the victim. The other petitioners also abetted in the commission of the alleged offence.
The learned Additional Public Prosecutor has raised objection stating that there are some materials against the petitioner No. 2 in the Case Diary.
I have perused the Case Diary.
The merits of this case are not brought to the fore as this case is still under investigation. The main accused is the accused No. 1 Rafikul Islam named Page No.# 3/3 in the FIR. Investigation has progressed to a considerable extent. The statement of the victim has been recorded under Section 164 of the CrPC. It appears that custodial interrogation may not be required. The petitioners are local residents and they are not flight risks. Moreover, the petitioners have pledged to cooperate with the remaining part of the investigation.
Considering all aspects and in view of my foregoing discussions, petition is allowed.
In the event of their arrest, the petitioners shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) each with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that: (i) The petitioners shall appear before the Investigating Officer within 7(Seven) days and cooperate with investigation. (ii) The petitioners shall not exercise threats to witnesses or tamper with the evidences and, (iii) the petitioners shall not leave the jurisdiction of the Court without prior permission.
On breach of any of the bail conditions, bail order shall stand cancelled.
Operative part
In the above terms this Anticipatory Bail application stands disposed of.
Send back the Case Diary. Comparing Assistant JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the above terms this Anticipatory Bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 164, 438; Indian Penal Code, 1860 — ss. 109, 376.
Which court decided this case, and when?
Gauhati High Court, on 16 Jul 2024. The bench was SUSMITA PHUKAN KHAUND.
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.