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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Anowar Ali @ Mondal S/o Intaz Ali Mondal – Petitioner
Versus
The State of Assam – Respondent
A.B. No. 4278 of 2023
Decided On : 22-12-2023
Pre-arrest Bail - Section 438 of Cr.P.C. - Allegation under Section 376 of IPC not made out against the applicants
Fact of the Case:
The applicants filed for pre-arrest bail in a case registered under Section 120(b)/376/34 of the IPC. The court, after perusing the FIR, found that the allegation under Section 376 of the IPC is not made out against the applicants and granted them interim protection with certain conditions.
Finding of the Court:
The court found that prima-facie the allegation under Section 376 of the IPC is not made out against the applicants and granted them interim protection with specific conditions.
Issues: Interim protection for the applicants in a case registered under Section 120(b)/376/34 of the IPC.
Ratio Decidendi: The court's decision was influenced by the prima-facie finding that the allegation under Section 376 of the IPC is not made out against the applicants, leading to the grant of interim protection with specific conditions.
Final Decision: The applicants were granted interim pre-arrest bail with conditions including appearance before the Investigating Officer, non-inducement, territorial restrictions, non-hampering with the investigation, and providing assistance to the Investigating Officer.
JUDGMENT :
DEVASHIS BARUAH, J.
1. This is an application under Section 438 of the Cr.P.C. filed by the applicants, namely (1) Sri Anowar Ali @ Mondal; (2) Sri Shikim Ali @ Sikim Ali and (3) Smti. Johiron Bibi @ Musstt. Jahiron Bibi for grant of pre-arrest bail in respect to Gauripur P.S. Case No. 403/2023, registered under Section 120(b)/376/34 of the IPC corresponding to G.R. Case No. 1686/2023.
2. Call for the up-to-date case diary fixing 18.01.2024.
3. I have perused the FIR and from a perusal of the FIR it is seen that prima-facie the allegation under Section 376 of the IPC is not made out against the applicants. This Court is of the opinion that the applicants are entitled to interim protection. As such, in the interim, it is provided that till the next date, in the event of arrest of the applicant in connection with the aforementioned Case, they shall be released on bail on furnishing a bail bond of Rs. 15,000/- (Rupees fifteen thousand) each with suitable sureties of the like amount to the satisfaction of the arresting authority. The interim pre-arrest bail is subject to the following conditions:
(ii) The applicants shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.
(iii) The applicants shall not leave the territorial jurisdiction of learned SDJM (S), Dhubri without prior permission.
(iv) The applicants shall not hamper with the investigation of the case and tamper with the evidence.
(v) The applicants shall provide assistance to the Investigating Officer as and when required.
4. List accordingly.
Prima-facie assessment of the allegation under Section 376 of the IPC and its influence on the grant of pre-arrest bail.
Pre-arrest bail may be granted when petitioners comply with court conditions, despite serious charges, provided no misuse of liberty is demonstrated.
The central legal point established in the judgment is the grant of anticipatory bail under Section 438 Cr.P.C. based on the compromise reached by the parties and the facts and circumstances of the c....
Exceptional circumstances, such as the cancellation of the FIR, initiation of proceedings against the complainant, and absence of need for custodial interrogation, can justify the grant of anticipato....
The court's decision was influenced by the lack of substantive allegations requiring custodial detention and the need for the Applicant's cooperation with the investigation.
The Court established that anticipatory bail can be granted even in serious offenses if the circumstances do not justify detention, emphasizing the importance of individual rights in the context of c....
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