Sahadul Hussain and Anr v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010035112024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/430/2024o SAHADULoHUSSAINoANDoANR.o S/OoLATEoFAJALoALIo R/OoALLoINDIAoRADIO,o DIBRUGARHoWEST,oP.S.oANDoDIST.oDIBRUGARH,oASSAM-786001. 2:oNAJBENoISLAMo@oBEGUM oD/OoSAHADULoHUSSAINo R/OoCHAWULKHOWAoGHARoBANDIoCHUK oP.S.oANDoDIST.oDIBRUGARH oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REP.oBYoTHEoPP,oASSAM 2:MD.oNASIMoUDDINoAHMED oS/OoLATEoKAZIMUDDINoAHMEDo R/OoCHAULKHOWAoGHARoBANDIoCHUK oP.S.oANDoDIST.oDIBRUGARH oASSAM-78600o AdvocateoforotheoPetitionerooooo:oMR.oPoJoSAIKIA,oSR.oADVo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo

20.04.2024 o Page No.# 2/3 Heard Mr. P. J. Saikia, learned Sr. counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State No.1 and Mr. R. A. Mazumder, learned counsel appearing for the respondent No.2. This is an application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioners, namely, Sahadul Hussain and Najben Islam @ Begum, in connection with Dibrugarh P.S. Case No. 12/2024 (corresponding to G.R. Case No. 21/2024), registered under Section 354-A/506/34 IPC, R/W Section 10 of POCSO Act, read with Section 14 of Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. It is submitted by the learned counsel for the petitioner that the petitioner No.1 is a grade-IV employee of All India Radio, Dibrugarh and the petitioner No.2 is the daughter of petitioner No.1. According to the learned counsel for the petitioners, the petitioners are no way connected with the alleged offence. Whatever allegation is made in the FIR is totally false and fabricated. It is further submitted that there was dispute between the parties as a result of which this FIR has been lodged alleging such offence against the petitioners. Considering the background of the case, benefit of pre-arrest bail may be extended. On the other hand, Mr. R. J. Baruah, learned Additional Public Prosecutor has produced the case diary and submits that there is implicating material against the petitioner No.1 and vehemently objected the bail prayer of the petitioner No.1. However, he has made no objection for release of the petitioner No.2 on bail. I have considered the submissions made by the learned counsel for the parties. On perusal of the case diary it appears that the victim in her statement recorded under Section 164 has implicated the petitioner No.1 with the alleged offence that he sexually abused the victim girl. Page No.# 3/3 In view of the above and considering the submission of the learned counsel for both the parties as well as the materials available thereon, this Court finds that custodial interrogation of the petitioner No.2 is not required for the purpose of investigation of the case. Therefore, petitioner No.2 may be granted the privilege of pre-arrest bail. Bail prayer of petitioner No.1 stands rejected at this stage. Accordingly, it is provided that in the event of arrest, the petitioner No.2, namely, Najben Islam @ Begum, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs. 20,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioner No.2:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) 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. The anticipatory bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant