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2020 Supreme(Gau) 213
GAUHATI HIGH COURT
Rumi Kumari Phukan, J.
Tapshirul Ali & Ors. - Appellant
Versus
State Of Assam - Respondent
AB 145 of 2020
Decided On : 12-03-2020
Mr. A Paramanik, for the Appellant; PP, Assam, for the Respondent
The necessity of custodial interrogation in the context of allegations of serious offenses
Headnote:
Pre-arrest Bail - Section 438 CrPC - Allegations of Rape and Related Offenses
Fact of the Case:
The petitioners sought pre-arrest bail in connection with a case involving allegations of rape and related offenses. The victim's statement had been recorded, implicating the accused.
Finding of the Court:
The court found that custodial interrogation of the petitioners was not warranted based on the entirety of the matter and made the interim bail absolute.
Issues: Allegations of rape and related offenses, necessity of custodial interrogation
Ratio Decidendi: The court considered the recorded statement of the victim and the relationship of the accused to the primary suspect in reaching the decision that custodial interrogation was not warranted.
Final Decision: The interim bail granted to the petitioners was made absolute, and the anticipatory bail application was disposed of.
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.
