Jahidul Islam v. The State of Assam

ORDER Date : 25.01.2023

Heard Mr. S.A. Hussain, learned counsel for the petitioner. Also heard Mr. Page No.# 2/4 R.J. Baruah, learned APP appearing for the State. The petitioner, namely, Jahidul Islam, who was arrested on 28.05.2021, is seeking regular bail under section 439 Cr.P.C. in connection with Sessions Case No. 157/2021, arising out of Hatigaon P.S. Case No. 381/2021, under sections 370/370-A IPC read with sections 3/4/5 of I.T.(P) Act. The learned APP has perused the scanned copy of the case records received from the Court of learned Additional Sessions Judge (FTC) No.3, Kamrup (Metropolitan), Guwahati and has opposed the prayer for bail. On perusal of the case records, it is seen that the petitioner is accused of being part of a sex/prostitution racket. From the nature of statement made by the 3 (three) alleged victim girl, who were apprehended in connection with the said prostitution racket, as well as from the contents of the medical report of the said three alleged victim girls and considering that in course of trial, 4 (four) witnesses have already been examined, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, Jahidul Islam in connection with the aforesaid case on furnishing bail bond of Rs.1,00,000/- (Rupees one lakh only) with two suitable sureties of like amount to the satisfaction of the learned Additional Sessions Judge (FTC) No.3, Kamrup (Metropolitan), Guwahati. Bail is granted on the following conditions:

¶1The petitioner shall make himself available to the police or any other Page No.# 3/4 investigating agency or Court in the present case as and when required.

¶2The 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 to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

¶3The petitioner shall not obstruct the smooth progress of the investigation/trial.

¶4The petitioner shall not misuse his liberty in any manner.

¶5The petitioner shall appear before the Court of learned Additional Sessions Judge (FTC) No.3, Kamrup (Metropolitan), Guwahati on each and every date. If the petitioner is unable to appear before the said learned Court on any particular date, he would obtain a previous order from the learned Additional Sessions Judge (FTC) No.3, Kamrup (Metropolitan), Guwahati to be absent on the date fixed. However, the petitioner shall ensure that he is duly represented by his learned counsel on such date.

¶6The petitioner would submit an undertaking before the trial Court that he would not dispute his identity or the identity of the witnesses when the trial proceeds while he is represented by his learned counsel.

¶7In the event, the petitioner fail to appear before the trial Court in Page No.# 4/4 disregard to these conditions, it would be open for the learned Additional Sessions Judge (FTC) No.3, Kamrup (Metropolitan), Guwahati to pass appropriate orders for cancellation of bail under section 439(2) Cr.P.C.

¶8The petitioner shall not leave the jurisdiction of Kamrup (Metropolitan) district without prior intimation to the learned Additional Sessions Judge (FTC) No.3, Kamrup (Metropolitan), Guwahati. This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010012682023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./244/2023 JAHIDUL ISLAM S/O PURAN ALI @ KURAN ALI R/O VILL- BALAPATHAR P.S. KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR D J HALOI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA