Mustafizur Rahman v. The State of Assam

ORDER

24.01.2024

Heard Mr. I. Choudhury, learned counsel for the applicant and Ms. B. Sarma, learned Addl. P.P. for the State respondent.

¶2Apprehending arrest in connection with Morigaon P.S. Case No. 231/2023, under Sections 328/ 342 /354 /354[A] /506/ 509 IPC, this application under Section 438 Cr.P.C, is preferred by the applicant namely, Mustafizur Rahman for grant of pre-arrest bail. Page No.# 2/3

¶3The above noted case has been registered on the basis of an FIR lodged by one Smt 'X' [name withheld], on 16.06.2023. The essence of allegation made in the FIR is that the applicant had administered psychotropic substance to the informant, in her office, at Dandua Gaon Panchayat and taken her in his car to a house and there he subjected her to sexual harassment and also took photograph of such harassment by showing a pistol and thereafter, he made the said photograph viral in the social media.

¶4Mr. Choudhury, learned counsel for the applicant submits that this is the second anticipatory bail application filed by the applicant, on the ground that after rejection of the first anticipatory application, being AB No. 2622/2023, vide order dated 24.08.2023, several months have been elapsed and in the meantime, the investigation might have completed and that the applicant is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, by producing the Case Diary before this Court, Mr. Sarma, learned Additional Public Prosecutor submits that the investigation is still going on and the offences are serious in nature and therefore, it is contended to dismiss the petition.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary produced before this Court with the assistance of learned Additional Public Prosecutor.

¶7The case diary indicates that the investigation is still going on and not much headway could be achieved after rejection of the first application, on

24.08.2023. The offences are serious in nature and though the case has been registered u/s 328/ 342 /354 / 354[A] /506 / 509 IPC and later on the Section Page No.# 3/3 376 IPC is added.

¶8Having considered above and also considered the progress of investigation, this Court finds the ground for filing this second application is bereft of merit.

¶9Accordingly, this AB stands dismissed.

¶10The case diary be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010005262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/95/2024 MUSTAFIZUR RAHMAN S/O LATE MEHBUR RAHMAN R/O VILL- DALBARI, P.O. SOLMARI P.S. MORIGAON DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. I CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN