Azinur Hussain and Anr v. The State of Assam

ORDER

10.03.2023

Heard Mr. T.J. Mahanta, learned Sr. counsel appearing for the petitioners. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for Page No.# 2/3 the State respondent. This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioners, namely i) Azinur Hussain and ii) Monowar Hussain, apprehending arrest in connection with Dhubri P.S. Case No. 14/2023 corresponding to G.R. No. 74/2023 registered u/ss 376/354/325/506 of the IPC read with Section 6 of the POCSO Act, 2012. The Case diary, as called for, is placed before the Court. It may be mentioned that by order, dated 06.02.2023, this Court granted the privilege of interim pre-arrest bail to the petitioner No. 2. The medical report shows no evidence of recent sexual intercourse on the person of the victim, who is aged about 18 years 8 months. Statement of the victim recorded u/s 164 Cr.P.C. indicates love relationship between her and the petitioner No. 1 for about 2 years. Pursuant to the interim pre-arrest bail granted earlier, the petitioner No. 2 has appeared before the investigating officer and got his statement recorded u/s 161 Cr.P.C. In the backdrop of facts and evidence emerged from the case diary, this Court is of the opinion that custodial interrogation of the petitioners in the interest of the ongoing investigation may not be necessary. Accordingly, the interim pre-arrest bail granted to the petitioner No. 2 vide order, dated 06.02.2023 is hereby made absolute, subject to the following conditions-

(i) That the petitioners No. 2 shall co-operate in investigation as and when required; and Page No.# 3/3

(ii) That the petitioners No. 2 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 the Court or to any police officer. In respect of the petitioner No. 1, it is provided that in the event of arrest, he shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioners No. 1 shall appear before the Investigating Officer within 7 days, failing which, on and from the 8th day, this pre-arrest bail order shall automatically come to an end; and

(ii) That the petitioners No. 1 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 the Court or to any police officer. Return the case diary.

This disposes of the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010022302023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/325/2023 AZINUR HUSSAIN AND ANR. S/O- MONOWAR HUSSAIN, R/O- JHAGRARPAR, P.S. AND DIST. DHUBRI, ASSAM, PIN- 783325. 2: MONOWAR HUSSAIN S/O- LATE ISMAIL HUSSAIN R/O- JHAGRARPAR P.S. AND DIST. DHUBRI ASSAM PIN- 783325 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. T J MAHANTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR