ABDUL MAZID Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application under Sec. 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Abdul Mazid @ Abdul Rihan, in connection with Baihata Chariali Police Station Case No. 443 of 2021, registered under Sec. 366(A) of the IPC.

(2.) Heard Mr. A.K. Saikia, learned counsel for the petitioner and Mr. K.K. Parasar, learned Additional Public Prosecutor representing the State. The case diary produced has been perused including the statement of the victim recorded under Sec. 164 of the Cr.P.C.

(3.) In her such statement, the victim has categorically stated that she went with the accused-petitioner on her own and she was not kidnapped. In view of such statement made by the victim, in the considered view of this Court, custodial interrogation of the petitioner is not essential, therefore, he is granted the privilege of pre-arrest bail.