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SORAB ALI SK. v. THE STATE OF ASSAM

Court: Gauhati High Court

Bench: HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

Judgment date:

Case summary

Gauhati High Court judgment dated 2020-10-16. SORAB ALI SK. v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.

Judgment text

Page No. # 1/2 GAHC010100952020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB 1853/2020 1:SORAB ALI SK. S/O KHOLIL SK, VILL-BHATI PETLA, P. S. -TAMARHAT, DIST-DHUBRI, ASSAM, PIN-783332 VERSUS 1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 16-10-2020 Heard the learned counsel Mr. J. Kalita appearing for the petitioner. Also heard Mr. H. Sharma, the learned Addl. P. P. for the State of Assam. The petitioner Sorab Ali Sk. has prayed for pre-arrest bail under Section 438 Cr. P. C. in the matter of Tamarhat P. S. Case No. 165 of 2020 registered under Sections 448/427/354/376/511 of the Indian Penal Code. A 35 years old lady has brought an allegation against the petitioner that he had illegally entered into her house and attempted to commit rape upon her. Page No.

# 2/2 While giving the statement under Section 164 Cr. P. C. , the informant has resiled from her earlier stance. This time she has stated that the accused pulled her by holding her hand. The learned counsel for the petitioner has also submitted that because of political rivalry this FIR has been filed by false accusation. Today after perusal of the case Diary, I find that there is no sufficient material to justify detention of the petitioner in the custody. Therefore, pre-arrest bail of the petitioner is allowed. The interim bail granted to the petitioner on 27. 08. 2020 by this Court is made absolute. The bail application stands disposed of accordingly. JUDGE Comparing Assistant

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