Sekendar Ali v. The State of Assam

ORDER

09.04.2024 Heard Mr. M Ahmed, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor, Assam. This is an application filed under Section 439 CrPC by the petitioner, namely, Sekender Ali, for releasing him on bail in connection with Sessions Case No. 139/2023 arising out of Mankachar P.S. Case No. 745/2020, pending in the court of the learned Page No.# 2/2 Chief Judicial Magistrate, South Salmara, Mankachar. It is alleged that the petitioner along with one person named Abu Kashem had committed rape upon a deaf and dumb girl on 19.10.2020. The case has already been chargesheeted under Sections 376/506 of the Indian Penal Code. It has been submitted at the bar that the statement of the victim girl could not be recorded under Section 164 CrPC because of non-availibility of Interpreter. The learned counsel for the petitioner has submitted that the petitioner has already spent more than 300 days in judicial custody and his period of detention should be taken as a ground for releasing him on bail. The petitioner has committed gang rape upon a deaf and dumb girl. There is no denial on the part of the petitioner about the veracity of the aforesaid fact. Therefore, the bail prayer of the petitioner is not found to be satisfactory and hence, the same is rejected. The bail application is disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010001682024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./61/2024 SEKENDAR ALI S/O LATE NUR HUSSAIN BEPARI R/O VILL- KUCHNIMARA, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA