Abdul Halim v. The State of Assam

ORDER Date : 17.09.2024 Heard Mr. A.S. Tapader, learned counsel appearing for the petitioner as well as Mr. K.K. Parasar, learned Additional P.P. for the State of Assam.

¶2This is an application under section 438 of the Cr.P.C. praying for grant of pre-arrest bail in respect of Mererchar P.S. Case No. 32/2024. Page No.# 2/2

¶3A 19 year old girl was coming home from college. On the road, the petitioner allegedly met her and promised her that he will marry her and on that promise, he took the girl to his home in his car. There she was kept for 3 days. After that, she was brought home by her relatives.

¶4Initially the girl did not know that the present petitioner was already married having children. Subsequently, she came to know about the said fact.

¶5In her statement recorded u/s 164 of the Cr.P.C., the girl has implicated the petitioner like the contents of the FIR.

¶6I have considered the submissions made by the learned counsels of both sides.

¶7A plain reading of the FIR shows that the 19 year old girl stayed in the house of the petitioner for 3 days, but she never tried to escape. She seems to be a consenting party to the act of the petitioner.

¶8For the aforesaid reasons, the custodial interrogation of the petitioner is not necessary. Therefore, his bail application is allowed.

¶9The interim bail granted in favour of the petitioner on 26.06.2024 is hereby made absolute.

¶10The petitioner shall co-operate with the Investigating Officer as and when called for. The bail application accordingly stands disposed of. The CD shall be returned. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010127772024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1647/2024 ABDUL HALIM S/O OSMAN GONI VILL- GHORAMARA PART-II P.O. RANGAPANI AND P.S. MERECRCHAR, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP , ASSAM Advocate for the Petitioner : MR. A S TAPADER, MR M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA