SANOWAR HUSSAIN v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-09. SANOWAR HUSSAIN v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010164472020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3331/2020 SANOWAR HUSSAIN S/O LATE ABDUL SATTAR @ ABDUS SATTAR, VILL-MULBARI, P. S. - MERERCHAR, DIST-BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. MD S HOQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 09-12-2020 This is an application made under Section 438 Cr. P. C. , seeking pre-arrest bail by the petitioner, namely, Sanowar Hussain, in connection with Mererchar Police Station Case No. 110 of 2020, registered under Sections 448/376/511 of the IPC. The case diary produced has been perused including the statement of the victim, recorded under Section 164 of the Cr. P. C. Heard Mr. S. Hoque, learned counsel appearing for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam. Page No.
# 2/2 It appears from the materials in the case diary, particularly, the statement of the victim, recorded under Section 164 of the Cr. P. C. , that the petitioner only attempted to commit rape on her person. That being so, in the considered view of this Court, custodial interrogation of the petitioner is not essential for the purpose of investigation of the case. Therefore, the petitioner is granted the privilege of pre-arrest bail. Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on furnishing bail bond of Rs. 10,000/-, with a suitable surety of the like amount, to the satisfaction of arresting authority.
The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) shall appear before the Investigating 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
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