Saiful Hoque @ Rahman v. The State of Assam and Anr

O R D E R

01.02.2024

¶1Heard Mr. A. Ali, learned counsel for the applicant/appellant. Also heard Mr. D. Das, learned Addl. P.P. for the State respondent.

¶2This is an application filed under Section 389 Cr.P.C of the Code of Criminal Procedure, 1973 for granting bail to the accused/petitioner, namely, Saiful Hoque @ Rahman, who was convicted in the judgment and order dated Page No.# 3/4

22.10.2022 passed by the Assistant Sessions Judge, Kokrajhar in connection with Sessions Case No. T-2/25/2019 arising out of Kazigaon P.S. Case No. 104/2017 under Section 363/366/376/34 IPC (G.R. Case No. 1033/2017) whereby, the appellant has been convicted to undergo rigorous imprisonment for 10 (ten) years and to pay fine of Rs. 10,000/- under section 376 IPC.

¶3I have heard the submissions made at the Bar and I have also perused the LCR.

¶4It appears from the LCR that it is only the statement of the father and the victim recorded before the Court, who has implicated the accused/petitioner, whereas, the other witnesses have stated that the victim has eloped with the petitioner.

¶5Further, the medical report indicates no sign of sexual assault within last 70 hours. Further, it appears that the petitioner has been in custody since last 1 year, 3 months, 9 days.

¶6Considering the entire matter, the appellant/applicant, namely, Saiful Hoque @ Rahman shall be allowed to go on bail on furnishing of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned Assistant Sessions Judge, Kokrajhar, subject to the following conditions,

i) The applicant/appellant shall refrain from such activities with which he is alleged,

(ii) the applicant/appellant shall not leave the jurisdiction of the jurisdictional Court without prior permission.

¶7With the above observation, this interlocutory application stands allowed.

Page No.# 4/4

¶8This disposes of the interlocutory application.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010024552023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Crl.)/233/2023 SAIFUL HOQUE @ RAHMAN S/O SOIDUR RAHMAN, R/O SARALDANGA, P.S.- GAURIPUR, DIST.- DHUBRI, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM. 2:MOZIRA BHANU D/O- MD. MAZUR ALI VILLAGE- DAMPUR PT-I P.O.- ALOMGANJ P.S.- KAZIGAON DISTRICT- KOKRAJHAR PIN- 78333 Advocate for the Petitioner : MR. A ALI Advocate for the Respondent : PP, ASSAM Linked Case : Crl.A./99/2023 SAIFUL HOQUE @ RAHMAN S/O SOIDUR RAHMAN R/O SARALDANGA P.S.- GAURIPUR DIST.- DHUBRI Page No.# 2/4 ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P. ASSAM. 2:MOZIRA BHANU D/O- MD. MAZUR ALI VILLAGE- DAMPUR PT-I P.O.- ALOMGANJ P.S.- KAZIGAON DISTRICT- KOKRAJHAR BTR PIN- 783339 ------------ Advocate for : MR. A ALI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI