ASMAT ALI v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MR. JUSTICE AJIT BORTHAKUR
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-12-03. ASMAT ALI v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010158602020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3183/2020 ASMAT ALI S/O LATE JALIL ALI, R/O VILL-HABLAKHA, P. S. -HAJO, DIST-KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER Date : 03-12-2020 03. 12. 2020 Heard Mr. B Chowdhury, learned Counsel for the petitioner and Mr. NK Kalita, learned Addl. Public prosecutor for the State respondent. By this petition under Section 438 Cr. P. C. , the petitioner, namely, Asmat Ali has prayed for pre-arrest bail apprehending arrest in connection with Hajo PS Case No. 1145/2020 under Sections 448/354 A/354B of the IPC read with Section 8 of the POCSO Act. Page No. # 2/2 The case diary is received. The FIR reveals that on 23. 10.
2020 at about 11 am, while the informant’s younger sister was sleeping alone in her house, the petitioner entered into the house and tried to commit rape on her. Perusal of the case diary and statement of the victim girl recorded under Section 164 of the Cr. P. C. clearly reveals prima facie incriminating materials against the petitioner who is named in the FIR. The investigation is yet to be completed and therefore, this Court is of the view that it is not a fit case to grant the petitioner the privilege of pre-arrest bail at this stage. Accordingly, the anticipatory bail application is rejected. Return the case diary. The anticipatory bail application stands disposed off. JUDGE Comparing Assistant
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