Mizanur Rahman And 3 Ors. vs State Of Assam

Heard Shri J Ali, learned counsel for the applicants, namely, 1. Mizanur Rahman, 2. Shafikul Islam, 3. Minhazur Rahman and 4. Sanidul Islam, who

have filed this anticipatory bail application under Section 438 of the CrPC praying for pre-arrest bail in connection with Howly PS Case No.110/2021,

under Sections 143/366(A)/363/506 of the IPC.

Pursuant to the order dated 30.06.2021, Shri BB Gogoi, learned Addl. Public Prosecutor, Assam has produced the Case Diary.

Shri Ali, learned counsel for the applicants submits that the alleged victim is in love with the applicant no.1 and the allegation of kidnapping is wholly

concocted. The learned counsel has further submitted that there is no allegation of other offence involving the victim girl.

Shri Gogoi, learned Addl. Public Prosecutor has fairly submitted that the victim girl in her statement made under Section 164 CrPC has stated that she

was taken by force by the present applicants, there is no other allegations made.

Considering the facts and circumstances and also on perusal of the Case Diary, more specifically the statements of the victim under Section 164

CrPC, this Court is of the opinion that custodial detention of the applicants may not be necessary. It is accordingly, directed that in the event of arrest

of the abovenamed applicants in connection with the aforesaid police case, they shall be released on bail on furnishing of bail bond of Rs.10,000/- (Ten

thousand) only, each with one surety of the like amount subject to the satisfaction of the Arresting Authority.

The applicants are directed to appear before the IO on or before 26.07.2021 for recording their statements.

The applicants are further directed to render full cooperation with the investigation of the case and not indulge in any activities detrimental to the

same.

Anticipatory Bail application stands disposed of.