Anuwar Hussain v. The State of Assam and Anr

ORDER Date : 24.02.2023 Heard Mr. F. Haque, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned APP appearing for the State. Page No.# 2/3

¶2The petitioner, who was arrested on 04.02.2023, is seeking regular bail under section 439 Cr.P.C. in connection with Bilasipara P.S. Case No. 68/2023, under sections 9/10/11(1) of the Prohibition of Child Marriage Act, 2006, read with section 4/17 of the POCSO Act.

¶3The learned APP has opposed the prayer for bail at this stage on the ground that as per the FIR, the alleged victim girl was 16 years old.

¶4Considering the statement made in paragraph 4 of this petition that no marriage has been solemnized between the victim and the petitioner and that marriage would be solemnized in the month of April, 2023, 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, Anuwar Hussain in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with one solvent surety of like amount to the satisfaction of the learned Special Judge, POCSO, Bilasipara.

¶5Bail is granted on the following conditions: I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. II. The 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. III. The petitioner shall not obstruct the smooth progress of the Page No.# 3/3 investigation/trial. IV. The petitioner shall not misuse his liberty in any manner. V. The petitioner shall appear before the I/O within 10 (ten) days from the date of his release and he shall continue to appear once in every month till his appearance is dispensed with or charge-sheet is filed, whichever is earlier. VI. The petitioner shall produce the victim girl before the I/O for further investigation. VII. If the petitioner does not comply with the conditions of bail, it would be open for the I/O to approach the jurisdictional Court and apply for cancellation of bail.

¶6As the family of the victim and the petitioner has agreed to the marriage, issuance of notice on the respondent no.2 is dispensed with.

¶7This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010040132023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./666/2023 ANUWAR HUSSAIN S/O LATE KANSU MONDAL R/OKAJAIKATA PART-VI P.S. BILASIPARA DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:OSMAN GANI S/O LATE JAMAT ALI R/O KAJAIKATA PART-IV P.S. BILASIPARA DIST. DHUBRI ASSA Advocate for the Petitioner : MR F HAQUE Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA