Ashraful Alom v. The State of Assam and Anr

ORDER Date : 27.02.2023

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Heard Mr. A.M. Khan, learned counsel for the petitioner. Also heard Mr. Bankim Sarma, learned Addl. P.P. for the State.

¶2The petitioner, Ashraful Alom, who was arrested on 31.12.2022 in connection with Abhayapuri P.S. Case No. 555/2022, under sections 365/376/34 IPC read with section 6 of the POCSO Act, has filed this bail application under section 439 Cr.P.C.

¶3The learned counsel for the petitioner has submitted that there was an inordinate delay in lodging of the FIR. It is also stated that a false case was made out against the petitioner of kidnapping and sexually assaulting the minor victim girl.

¶4The learned Addl. PP has produced the case diary and has opposed the prayer for bail on the ground that the minor victim girl has stated that she was kept in the house of the petitioner for 15 days, where she was raped on multiple occasions.

¶5The victim girl had made consistent statement before the I.O. under section 161 Cr.P.C., as well as before the learned Magistrate under section 164 Cr.P.C., implicating the petitioner of daily raping her for about 15 days. There is an unexplained delay of about 11/2 months in lodging the FIR. As per the birth certificate of the victim girl, she was born on 04.02.2005, and therefore, on 11.11.2022, when she was kidnapped, her age was about 17 year 9 month 1 week. There is nothing in the case diary which suggests that the victim was kept confined inside the house of the petitioner in such a manner that it was impossible for her to contact the outside world. The date when the mother of the victim girl had recovered the victim from the house of the petitioner is also not mentioned in the FIR.

¶6Therefore, the Court is of the considered opinion that further Page No.# 3/4 custodial interrogation of the petitioner would not be necessary. Therefore, the Court is inclined to grant bail to the petitioner, Ashraful Alom in connection with Abhayapuri P.S. Case No. 555/2022, under sections 365/376/34 IPC read with section 6 of the POCSO Act, on his furnishing a bail bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with 2 (two) solvent surety of like amount to the satisfaction of the learned Special Judge (POCSO), North Salmara, Abhayapuri.

¶7Bail is granted on the following conditions:- a) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses. b) That he shall not obstruct the smooth progress of the trial. c) That the petitioner shall not misuse his liberty in any manner. d) That the petitioner shall not jump over the bail. The petitioner shall appear before the I.O. within a period of 7 (seven) days from the date of this order and shall continue to appear once every month till his personal appearance is dispensed with or charge-sheet is submitted, whichever is earlier. e) In the event any condition for grant of bail is violated, it would be open to the I.O. to move the jurisdictional Court and apply for cancellation of bail.

¶8Return the case diary. Page No.# 4/4

¶9This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010012262023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./232/2023 ASHRAFUL ALOM S/O SHAHAJAMAL HUSSAIN VILL- LATIBARI PART-I, P.S. ABHAYAPURI DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:NOBIYA KHATUN W/O NUR MOHAMMAD ALI VILL- LATIBARI PART-III P.S. ABHAYAPURI DIST. BONGAIGAON ASSA Advocate for the Petitioner : MR. A M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA