Amir Chan @ Amir Chan Ali v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010220492024 ooooooo 2024:GAU-AS:12922 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2814/2024o AMIRoCHANo@oAMIRoCHANoALIo S/OoMEHERoALIo VILL-oSONIoROAD,oNARIKALoBASTIo P.S.oMUKALMUAo DIST.oNALBARI,o PIN-781126 VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:BAREKoBHUYAN oS/OoSOMIRoBHUYANo VILL-oKHOPNIKUCHI o P.S.oHAJOo DIST.oKAMRUP oASSAMo PIN-78110o AdvocateoforotheoPetitionerooooo:oMR.oAoROSHID,oMS.oToBEGUMo AdvocateoforotheoRespondento:oPP,oASSAM,oMRoSoISLAMo(R-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

18/12/2024 Heard Mr. A Roshid, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. S Islam, learned counsel for the informant/opposite party No. 2.

¶2The petitioner, namely, Amir Chan @ Amir Chan Ali, son of Meher Ali, resident of Village-Soni Road, Narikal Basti, P.S. Mukalmua, has filed this application under Section 482 BNSS, seeking pre-arrest bail apprehending his arrest in Hajo P.S. Case No. 386/2024 registered under Sections 140(3)/64 BNS read with Section 4 of POCSO Act.

¶3As per the FIR of the case dated 11.10.2024, the petitioner on 10.10.2024 in the evening around 6:00 pm inducing the informant's minor daughter of 17 years that he will marry her and took her away and forcefully made physical relation with her. As such, the informant/opposite party No. 2 lodged the FIR before the Officer-in-Charge of Hajo Police Station to take necessary action in the matter. Accordingly, said FIR was registered as Hajo P.S. Case No. 386/2024 under Sections 140(3)/64 BNS.

¶4The petitioner submitted that both the petitioner and the victim girl are having love affair and on three occasions, i.e., in January, 2024, June, 2024 and even on 10.10.2024, she came to the house of the petitioner and stayed with him in his house and that on 11.10.2024, the girl was taken back from his house by the informant with the help of the police personnel.

¶5From the statement of the victim girl recorded by the concerned Investigating Officer as well as that of the mother and father of the victim girl, it is seen that on three occasions, the petitioner kidnapped the victim girl in the pretext of marrying her.

¶6Perused the case diary placed before the Court today by Mr. Goswami, learned Additional Public Prosecutor, Assam.

¶7It is seen from the case diary that the parents of the victim girl have also been threatened by the petitioner if they do not give marriage of their daughter, i.e., the victim girl to him.

¶8It is seen that police have seized the original birth certificate of the victim that was registered Page No.# 3/3 as No. 1835/2007 dated 21.05.2010 issued by the Registrar of Births and Deaths, Hajo Public Health Center indicating her date of birth as 19.09.2007. The victim girl indicated that the petitioner after inducing her in the pretext of having love affair and marrying her made physical relation with her forcefully inspite of her objection and resistance on more than one occasions.

¶9Considering her date of birth on 19.09.2007 as on January, 2024, the victim girl was of 16 years 4 months, in June, 2024, she was of 16 years 9 months and on 10.10.2024, she was of just 17 years.

¶10Case diary also indicates that the petitioner is a married person having a son, however, his wife expired which fact was not known to the victim girl and her parents.

¶11The informant has filed an objection petition objecting of granting pre-arrest bail to the petitioner apprehending that if he will be released on bail he will again threaten the informant and his family members including the victim girl and he will take away his daughter.

¶12Finding sufficient incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, Amir Chan @ Amir Chan Ali in said Hajo P.S. Case No. 386/2024.

¶13Accordingly, this pre-arrest bail application of the petitioner, named above, in said Hajo P.S. Case No. 386/2024 stands rejected.

¶14Return the case diary.

JUDGE Comparing Assistant