Md Jannat Islam v. The State of Assam and Anr

ORDER

29.01.2024

Heard Mr. M.H. Ahmed, learned counsel for the accused and Mr. R.J. Barua, learned Additional Public Prsecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Page No.# 2/3 Procedure, 1973, is preferred by accused namely, Md. Jannat Islam, who has been languishing in jail hazot in connection with the Bihpuria P.S. Case No. 184/2023, under Sections 376[3]/313 of the IPC, read with Section 6 of the POCSO Act, for granting bail.

¶3The said case has been registered on the basis of an FIR lodged by one Rohima Khatun, on 16.10.2023. The essence of allegations made in the FIR is that one Jannat Islam has impregnated her 13 years old daughter, Smti 'X' [name withheld] and about 10 days back got her pregnancy aborted at hospital and she has been suffering from pain in her stomach.

¶4Mr. Ahmed, learned counsel for the accused submits that the accused was arrested on 01.11.2023, and since then he has been languishing in jail hazot for last 90 days and till date no charge sheet has been submitted by the IO and as such, he is entitled to default bail.

¶5On the other hand Mr. Barua, learned Additional Public Prosecutor while not disputing the submission of Mr. Ahmed, learned counsel for the accused, submits that till date no charge sheet has been submitted by the IO and the case diary is lying with him.

¶6Having heard the submissions of learned counsel for both the parties, I have carefully gone through the records and the documents placed on record.

¶7It appears that the accused was arrested on 01.11.2023, and since then he has been languishing in jail hazot for last 90 days and till date no charge sheet has been submitted by the IO. As the case has been registered under Sections 376[3]/313 of the IPC, read with Section 6 of the POCSO Act the mandatory period is 90 days. As such, the accused is entitled to default bail Page No.# 3/3 under Section 167[2] Cr.P.C.

¶8Accordingly it is provided that on furnishing a bond of Rs. 50,000/- only with one surety of like amount to the satisfaction of the learned Special Judge, POCSO Act, Lakhimpur, North Lakhimpur the accused be enlarge on bail.

¶9In terms of above this BA stands disposed of.

¶10The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010002512024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./33/2024 MD JANNAT ISLAM S/O. MD. MOFIZUDDIN, VILL- AHMEDPUR BLOCK, P.S- BIHPURIA, DIST. LAKHIMPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENDED BY PP, ASSAM 2:MUSTT. RAHIMA KHATUN W/O-LT SOHARUDDIN VILL-AHMEDPUR BLOCK P.S-BIHPURIA DIST-LAKHIMPUR ASSA Advocate for the Petitioner : MR M H AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN