Ashikur Rahman @ Ashikul Hoque v. The State of Assam and Anr

ORDER

26.11.2024

¶1Heard Mr. N. Uddin, learned counsel for the petitioner Ashikur Rahman @ Page No.# 2/3 Ashikul Hoque.

¶2The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since

16.05.2024 in connection with Special Case No. 251/2023 arising out of Dhubri P.S. Case No. 333/2023 under Sections 354(D)/448/376/511 of the IPC read with Section 4 of the POCSO Act.

¶3Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam for the respondent State and Mr. M. Rahman, learned counsel for the respondent No. 2.

¶4The learned counsel for the Respondent no. 2 has raised serious objection stating that the petitioner's family members have been threatening the victim and her family members and they have been exercising pressure on the victim's family members to withdraw this petition against the petitioner.

¶5Learned Additional Public Prosecutor has also raised serious objection stating that the evidence of the witnesses are yet to be recorded and there is every possibility that trial may be adversely affected if the petitioner is admitted to bail.

¶6I have scrutinized the scanned copies of the Trial Court Records and the scanned

copies

of

the

Case

Diary. I have considered the submission that the petitioner is willing to abide by any stringent bail conditions if imposed upon him. Evidence of the victim have already been recorded.

¶7Considering all aspects, the petitioner is enlarged on bail of Rs. 50,000/-, with 2 suitable sureties of like amount to the satisfaction of the Learned Special Judge under the conditions that :

(i) The petitioner shall not go Page No.# 3/3 anywhere near the vicinity of the victim,

(ii) The petitioner shall not exercise threats to the witnesses or to the victim,

(iii) The petitioner shall not try to Influence witnesses or temper with the evidence, and

(iv) The petitioner shall not leave the jurisdiction of the Court without prior permission till completion of investigation.

¶8On breach of any of the bail conditions, the learned Court is at liberty to cancel the bail granted to the petitioner.

¶9In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010192732024 2024:GAU-AS:11691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2836/2024 ASHIKUR RAHMAN @ ASHIKUL HOQUE S/O NUR HUSSAIN VILL- ROWAH PT.II P.S. AND DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:BASIRAN BIBI W/O NUR ISLAM VILL- ROWAH PT.II P.S. AND DIST. DHUBRI ASSAM PIN-78332 Advocate for the Petitioner : MR. M MONDAL, MR M CHOUDHURY Advocate for the Respondent : PP, ASSAM, MS ASFIA AHMED(R-2),MAHIBUR RAHMAN (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND