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[Cites 5, Cited by 2]

Gauhati High Court

Shahadat Ali And 7 Ors vs The State Of Assam on 3 June, 2019

                                                                    Page No.# 1/3

GAHC010118322019




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                             Case No. : AB 1658/2019

         1:SHAHADAT ALI AND 7 ORS.
         S/O LT. JOHOR ALI, R/O VILL-BERBERI, P.S.-CHAYGAON, DIST-KAMRUP(R),
         ASSAM

         2: RAFIKUL ISLAM
          S/O SHAHADAT ALI
          R/O VILL-BERBERI
          P.S.-CHAYGAON
          DIST-KAMRUP(R)
         ASSAM

         3: BADSHA ALI
          S/O SHAHADAT ALI
          R/O VILL-BERBERI
          P.S.-CHAYGAON
          DIST-KAMRUP(R)
         ASSAM

         4: SOLE ALI
          S/O UNKNOWN
          R/O VILL-CHINMIN
          P.S.-PALASHBARI
          DIST-KAMRUP(R)
         ASSAM

         5: SABIA KHATUN
         W/O SOLE ALI
          R/O VILL-CHINMIN
          P.S. PALASBARI
          DIST-KAMRUP(R)
         ASSAM

         6: NAJRUL ISLAM
          S/O SHUNESH ALI
                                                                                Page No.# 2/3

             R/O VILL-BERBERI
             P.S.-CHAYGAON
             DIST-KAMRUP(R)
             ASSAM

            7: SHOMEJ ALI
             S/O LT. JOHOR ALI
             R/O VILL-BERBERI
             P.S.-CHAYGAON
             DIST-KAMRUP(R)
            ASSAM

            8: ROHIMON NESSA
            W/O SHAHADAT ALI
             R/O VILL-BERBERI
             P.S.-CHAYGAON
             DIST-KAMRUP(M)
            ASSA

            VERSUS

            1:THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner   : MR. S C BISWAS

Advocate for the Respondent : PP, ASSAM




                                    BEFORE
                       HONOURABLE MR. JUSTICE MIR ALFAZ ALI

                                           ORDER

Date : 03-06-2019 Heard Mr. SC Biswas, learned counsel for the petitioners and Mr. NJ Dutta, learned Additional Public Prosecutor, appearing for the State of Assam.

By this application, under Section 438 of the Cr.PC, the petitioners, namely, 1. Shahadat Ali, 2. Rafikul Islam, 3. Badsha Ali, 4. Sole Ali, 5. Sabia Khatun, 6. Najrul Islam, 7. Shomej Ali and 8. Rohimon Nessa, have prayed for granting pre- arrest bail apprehending arrest in connection with Goalpara PS Case No. 45/2019 Page No.# 3/3 under Section 363 of the IPC read with Sections 9/10/11 of the Prohibition of Child Marriage Act.

Perused the FIR and the documents annexed with the petition.

Call for the case diary, fixing 25th of June, 2019.

Having considered the allegations made in the FIR, it is hereby provided that, in the meantime, if the petitioners are arrested, they shall be released on furnishing a bail bond of Rs. 20,000/- each with a suitable surety of the like amount to the satisfaction of the arresting authority. The interim bail is subject to the following conditions:-

1. The petitioners shall appear before the Investigating Officer within 15 (fifteen) days and co-operate with the investigation.
2. The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as the dissuade him/her from disclosing such facts to the Court or to any police officer.

JUDGE Comparing Assistant