ABDUL MOTIN v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE MANISH CHOUDHURY
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-01-10. ABDUL MOTIN v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010281522019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB 4132/2019 1:ABDUL MOTIN S/O LATE NUR MOHAMMAD, R/O VILL-BHALUKDUBI, P. S. -GOALPARA, DIST-GOALPARA, ASSAM, PIN-783121 VERSUS 1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M H TALUKDAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 10-01-2020 Heard Mr. M. H. Talukdar, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State. This application under Section 438, Code of Criminal Procedure, 1973 has been filed praying for bail of the petitioner viz. Abdul Motin who has been in detention in connection with Goalpara Police Station Case No. 231/2019, registered under Sections 448/376, I. P. C. The concerned case diary, as called for, has been received.
The materials available in the case diary reveals that in the statement of the victim Page No. # 2/2 recorded under Section 164 Cr. P. C. she has specifically implicated the petitioner. Having regard to the contents of the FIR and the materials available in the case diary including the statements recorded under section 164, Cr. P. C. , this Court is of the considered view that this is not a fit case to extend the privilege of pre-arrest bail under Section 438, Cr. P. C. to the petitioner. Accordingly, this application seeking pre-arrest bail under Section 438, Cr. P. C. , stands rejected. JUDGE Comparing Assistant
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