DILDAR ALAM AND ANR. 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 2020-12-07. DILDAR ALAM AND ANR. v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010159702020 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3213/2020 DILDAR ALAM AND ANR. S/O SABED ALI, R/O VILL-BANGLIPARA, P. S. -BARPETA, DIST-BARPETA, ASSAM 2: RAFIK ALI @ RAFIK UDDIN S/O LATE MUKSED ALI R/O VILL-BANGLIPARA P. S. -BARPETA DIST-BARPETA ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA ORDER 07-12-2020 This is an application, filed under Section 438 Cr. P. C. , praying for pre-arrest bail of the petitioners, namely, 1. Dildar Alam and 2. Rafik Ali @ Rafik Uddin, in connection with Barpeta Police Station Case No. 2079/2020, (corresponding to GR Case No. 4807/2020), registered under Section 376(D) of the IPC. Page No. # 2/2 The case diary produced, has been perused including the statement of the victim under Section 164 of the Cr. P. C.
Heard Mr. H. R. A. Choudhury, learned senior counsel appearing for the petitioners and Ms. A. Begum, learned Additional Public Prosecutor, appearing for the State. There are sufficient incriminating materials coming out from the statement of the victim in respect of commission of rape on her person. She has also narrated the manner in which rape was committed on her by the petitioners. Considering such materials in the case diary, the petitioners do not deserve to be granted the privilege of pre-arrest bail. Accordingly, the prayer for pre-arrest bail made by the petitioners, above named, is rejected. In terms of the above this petition stands disposed of. Return the case diary. JUDGE Comparing Assistant
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