KAPILUDDIN SK AND 3 ORS 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 2020-12-15. KAPILUDDIN SK AND 3 ORS v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010160922020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3244/2020 KAPILUDDIN SK AND 3 ORS S/O SOMEJUDDIN SK, VILL-HARBHANGA, GOSSAIGAON, P. O. -TULSHIBIL, P. S. -GOSSAIGAON, DIST-KOKRAJHAR, BTR, ASSAM, PIN-783337 2: ZAKIR HUSSAIN S/O ABDUL RAHIM MIYA VILL-HARBHANGA GOSSAIGAON P. O. -TULSHIBIL P. S. -GOSSAIGAON DIST-KOKRAJHAR BTR, ASSAM, PIN-783337 3: KAPSER ALI S/O SOMEJUDDIN SK VILL-HARBHANGA GOSSAIGAON P. O. -TULSHIBIL P. S. -GOSSAIGAON DIST-KOKRAJHAR BTR, ASSAM, PIN-783337 4: SATTAR ALI S/O MISER UDDIN SK VILL-HARBHANGA GOSSAIGAON P. O. -TULSHIBIL P. S. -GOSSAIGAON DIST-KOKRAJHAR BTR, ASSAMM PIN-78333 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Page No. # 2/2 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 15-12-2019 This is an application made under Section 438 Cr. P. C.
, seeking pre-arrest bail by the petitioners, namely, 1. Kapiluddin Sk. , 2. Zakir Hussain, 3. Kapser Ali and 4. Sattar Ali, have prayed for pre-arrest bail, apprehending arrest in connection with Gossaigaon Police Station Case No. 477 of 2020, registered under Sections 420/406/384/294 of the IPC. Heard Mr. M. Hussain, learned counsel for the petitioners as well as Mr. B. Sarma, learned Additional Public Prosecutor, appearing for the State of Assam. The case diary produced has also been perused including the statements of the witnesses. At least three witnesses have categorically stated that the petitioner Nos. 2, 3 and 4, above named, had taken the amount of Rs. 500/-, Rs. 800/- and Rs. 500/- respectively from some persons for getting Aadhar Cards done for them. There is no instance on record to show that they are officially involved in the process of issuance of Aadhar Card. Therefore, apparently, they had taken the money illegally without any authority.
On the basis of such materials in the case diary, prayer for pre-arrest bail of the petitioner Nos. 2, 3 and 4 is rejected. The interim pre-arrest bail granted to the petitioner Nos. 2, 3 and 4 accordingly stands vacated. However, since there is no material in the case diary against the petitioner No. 1, Kapiluddin Sk. , his prayer for pre-arrest bail is granted. Accordingly, the interim pre-arrest bail granted to the petitioner No. 1, above named, vide order dated 18- 11-2020, is made absolute by this order on the same terms and conditions. The anticipatory bail application stands disposed of accordingly. 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.