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2020 Supreme(Gau) 213

RUMI KUMARI PHUKAN
Tapshirul Ali – Appellant
Versus
State Of Assam – Respondent


Advocates Appeared:
Mr. A Paramanik, for the Appellant; PP, Assam, for the Respondent

JUDGMENT

1. By this application under Section 438 CrPC , petitioners, namely, 1) Md Samad Ali and 2) Md Julhash Ali, have sought for pre-arrest bail in the event of their arrest in connection with Boko PS Case No. 1309/2019, under Sections 354 (A)/506/342/376/34 IPC, read with Section 4 of the POCSO Act . Heard the learned counsel for both the sides.

2. Also perused the record and the Case Diary.

3. The statement of the victim has already been recorded under Sections 161 & 164 CrPC . As per the statement recorded, the entire allegation goes against the accused Tapshirul Ali for alleged commission of rape and the present two accused persons being father and cousin of the accused Tapshirul, rebuked her for such affairs.

4. Considering all entirety of the matter, it appears that custodial interrogation of the petitioners aforesaid is not warranted.

5. Accordingly, the interim bail granted to Md Samad Ali and Md Julhash Ali, on 10.01.2020, is hereby made absolute.

6. Anticipatory Bail Application stands disposed of. Return the Case Diary.

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