Hasen Ali v. The State of Assam

ORDER

03.06.2024

¶1Heard Mr. S. Islam, learned counsel for the petitioner, Hasen Ali.

¶2This application has been filed under Section 438 of the Cr.PC with a prayer for pre arrest bail as he is apprehending arrest in connection with Page No.# 2/2 Sualkuchi River P.S. Case No. 25/2024 under Section 370(2)/34 of the IPC.

¶3Heard Ms. A. Begum, learned Additional Public Prosecutor, Assam.

¶4It is submitted on behalf of the petitioner that the victim willingly on her own volition went with the petitioner, as she was in a relationship with the petitioner out of marriage.

¶5It is submitted that the petitioner is willing to co-operate with the investigation and he is not a flight risk.

¶6The learned Additional Public Prosecutor has raised serious objections stating that there are incriminating materials in the Case Diary against the petitioner.

¶7I have scrutinized the Case Diary and indeed there are incriminating materials in the Case Diary against the petitioner.

¶8The gravity of the offence as alleged, does not entitle the petitioner to pre arrest bail.

¶9Hence, the petition is rejected at this stage.

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010099622024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1306/2024 HASEN ALI S/O LATE NAZIMUDDIN R/O VILL- BHAURIA BHITHA P.S. CHHAYGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND