ARIF ALI 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 2020-12-04. ARIF ALI v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010141292020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2834/2020 ARIF ALI S/O LATE MINOOS ALI, R/O RAMDIA, P. S. -HAJO, DIST-KAMRUP(R), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. S M MOLLAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 04-12-2019 This is an application made under Section 438 Cr. P. C. , seeking pre-arrest bail by the petitioner, namely, Arif Ali, apprehending arrest in connection with Hajo Police Station Case No. 687/2020, registered under Sections 420/376/313/498(A)/ 294/506/34 of the IPC. I have perused the petition including the copy of the FIR and the documents annexed therewith. The case diary produced has also been perused including the statement of the victim, recorded under Section 161 of the Cr. P. C. Heard Mr. S. M.
Mollah, learned counsel appearing for the petitioner and Mr. N. J. Dutta, learned Additional Public Prosecutor. Page No. # 2/2 On perusal of the contents of the FIR as well as the statement of the victim, it appears that the victim was consenting party to the sexual intercourse. However, this view is tentative and for the purpose of this bail application only. That being so, the petitioner deserves the privilege of pre-arrest bail. Accordingly, the interim pre-arrest bail granted to the petitioner, vide order dated 16-10-2020, is made absolute by this order on the same terms and conditions. The anticipatory bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant
Source: Gauhati High Court. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.