THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
With the aforesaid direction, the bail application stands disposed of
Provisions considered
Key paragraphs
- Para 77. With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant
Judgment
Advocate for the Petitioner : MR H R A CHOUDHURY, MR A.K. MOLLAH,MR. M HUSSAIN,MR. R I MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA Date : 22.10.2024 ORDER Heard Mr.HRA Choudhury, learned Senior Counsel assisted by Mr. M. Hussain, learned counsel appearing for the petitioners and Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the state of Assam.
This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Hajo P.S. Case No. 272/2024. Page No.# 3/3
The present petitioners are parents and relatives of a person called Shahid Nazir. Shahid Nazir was having a relationship with a girl called Lilima Khatun. It is alleged by Lilima Khatun that she was made pregnant by Shahid Nazir and Shahid Nazir had aborted her pregnancy. The girl has alleged that Shahid Nazir did so because he did not want to marry her.
The victim girl has stated in her statement recorded u/s 164 of the Cr.P.C. that on 13.12.2023, the victim girl was admitted in a hospital, where she came to know that her pregnancy was aborted. On the other hand, the Superintendent of the said hospital has filed a report stating that the victim girl was never admitted in the hospital on that day.
After perusal of the case diary, this Court is of the opinion that since the present petitioners have appeared before the Investigating Officer and have co- operated with the investigation, they do not deserve to be detained in custody. Under the given circumstances of the case, the bail application of the petitioners is allowed.
The interim bail granted in favour of the petitioners on 10.09.2024 is hereby made absolute.
Operative part
With the aforesaid direction, the bail application stands disposed of. The CD shall be returned. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid direction, the bail application stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482; Code of Criminal Procedure, 1973 — s. 164.
Which court decided this case, and when?
Gauhati High Court, on 22 Oct 2024. The bench was PARTHIVJYOTI SAIKIA.
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.