Taizuddin Ahmed And 2 Ors vs State Of Assam

(1) Taizuddin Ahmed, (2) Golenur Begum, and (3) Ridwan Ahmed have preferred this application for anticipatory bail under Section 438 of the

Code of Criminal Procedure, 1973 in Hatigaon Police Station Case No.51/2020 under Section 498(A)/313/448/323/506 of Indian Penal Code.

Contention of learned counsel for the applicants is that Applicant No.1 is the father-in-law of the victim; Applicant No.2 is the mother-in-law of the

victim; and Applicant No.3 is the brother-in-law of the victim. It has been contended, in context of accusations in the FIR at issue, that the allegations

of causing miscarriage without woman’s consent are directed against the husband (non-applicant). In such circumstances, it has been pleaded that

in anticipation of arrest, the applicants be given the protection.

Learned counsel for the State/prosecution does not dispute that there is no accusation against the applicants of committing the offence under

Section 313 I.P.C.

Considering the nature of accusations against the applicants and the fact that the main allegation is against the husband, I deem it just and proper to

allow this application.

Applicants are directed to join the investigation and give complete cooperation.

It is directed that the applicants shall be released on bail to the satisfaction of the arresting/investigating officer.

It is directed that the petitioners shall not interfere, hamper or delay investigation.

This order shall enure for 15 days after filing of the charge-sheet within which period the applicants would be required to apply for bail before the

appropriate Court.

The bail application is, accordingly, allowed.