Zakinur Hussain v. The State of Assam and Anr

ORDER

12.06.2024

Heard Ms. R. Islam, the learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State of Assam and Mr. P. Page No.# 2/2 Saikia, learned Legal Aid Counsel for the respondent No. 2. By this application under Section 438 Cr.P.C., the petitioner, namely, Zakir Hussain is seeking pre-arrest bail in connection with Bogiribari Police Station Case No. 140/2023 under Section 341/376/506 of IPC read with Section 4 of POCSO Act. Case diary as called for has been received and perused the same. Considered the materials so far collected by the Investigating Officer. Perused the statement of the victim recorded under Section 164 of Cr.P.C. and under Section 161 of Cr.P.C. Also perused the statement of other witnesses recorded by the I.O. The victim has specifically implicated the accused. There are sufficient incriminating materials against the present petitioner. Considering the nature of material collected by the I.O., as well as the gravity of the offence, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner. Accordingly, this bail application is disposed of. Return back the case diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010029642024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/445/2024 ZAKINUR HUSSAIN S/O MONIF ALI R/O ANGARAKATA PT II, PO AND PS BOGRIBARI DIST KOKRAJHAR ASSAM, PIN 783349 VERSUS THE STATE OF ASSAM AND ANR. REP.BY THE PP, ASSAM 2:SOFIQUL RAHMAN S/O HANIF ALI RESIDENT OF ANGARAKATA PT.II PS BOGRIBARI DIST KOKRAJHAR ASSAM PIN 78334 Advocate for the Petitioner : MR R ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY