GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
BELLAL HUSSAIN – Appellant
Versus
THE STATE OF ASSAM – Respondent
ORDER
Date : 16-11-2022 Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard Mr.
M.P. Goswami, learned Addl. P.P. for the State.
The petitioner, namely, Bellal Hussain, who is apprehending arrest in connection with Dhubri P.S. case no. 74/2022 corresponding to GR case no.217/2022 under section 305 IPC, is seeking pre-arrest bail under section 438 Cr.P.C.
The learned counsel for the petitioner has submitted that in this case the minor grand-daughter of the informant had committed suicide and it was alleged that the FIR named accused person used to harass the informant’s grand-daughter. And accordingly, it is submitted that there is no allegation of abetment of suicide in so far as the petitioner is concerned. It is also submitted that the ingredients of abetment of suicide is totally absent in so far as the petitioner is concerned.
It is further submitted that on a perusal of the form of the FIR and the contents of it, it appears that there is reference of two GDE numbers i.e. 804 and 400. Hence, it is submitted that there is no explanation as to how two GDE entries came to be entered for the same offence.
The learned APP has produced the case diary and has opposed the pr
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