Khairul Islam and Anr v. The State of Assam

ORDER Date : 11.03.2024

Heard Mr. T.J. Mahanta, learned Senior counsel, assisted by Mr. H.R. Ahmed, Page No.# 2/3 learned counsel for the applicants. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Bagribari P.S. Case No. 06/2024, under Sections 120B/376/384/354/406/506 of the IPC, read with Sections 66(A)/67 of the IT Act, this application under Section 438 Cr.P.C. has been preferred by the applicants, namely, Khairul Islam and Shaheb Ali Sheikh, for grant of pre-arrest bail.

¶3It is to be noted here that the aforementioned case has been registered on the basis of an FIR lodged by one Smt. X (name withheld) on 21.01.2024. The essence of allegation made in the FIR dated 21.01.2024, is that one Khairul Islam, who happens to be the friend of the husband of the informant, used to visit her house and since November, 2022, he used to commit sexual intercourse with her against her will and also threatened her not to disclose the same to anybody else, and he also committed theft of the video of sexual intercourse between her and her husband and circulated the same amongst his friends. Thereafter, one Shaheb Ali Sheikh and Saddam Hussain started blackmailing her and also touched her and on 22.12.2023, at about 12 noon, they entered into her house and attempted to commit forceful sexual intercourse with her, but, somehow she managed to escape.

¶4Mr. Mahanta, learned Senior counsel for the applicants submits that there is a delay of 26 days in lodging the FIR and that admittedly, the informant is a consenting party and she is also not trustworthy and there is no independent witness to support her version, and that the applicants are ready to cooperate with the investigating agency, and therefore, Mr. Mahanta has contended that the privilege of pre-arrest bail may extended to the applicants.

¶5On the other hand, Mr. B. Sarma, learned Addl. Public Prosecutor has Page No.# 3/3 produced the case diary before this Court and submits that the I.O. has collected sufficient incriminating materials in support of the allegation made in the FIR, and therefore, Mr. Sarma has opposed the application.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the application and the documents placed on record and also perused the case diary with the assistance of Mr. B. Sarma, learned Additional Public Prosecutor.

¶7It appears that the I.O. has collected sufficient incriminating materials against the applicants, investigation is going on and enlarging the applicants on pre-arrest bail, at this stage, will disturb the investigation.

¶8Having regards to above and having regards to the nature and gravity of the offence and punishment prescribed for the same, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicants, and accordingly, this application stands dismissed.

¶9Case diary be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010041802024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/493/2024 KHAIRUL ISLAM AND ANR S/O JOYNAL SK @ ABEDIN RESIDENT OF VILLAGE RAJAPARA PART II, PO AND PS BAGRIBARI, DIST KOKRAJHAR, ASSAM, ASSAM 783348 2: SHAHEB ALI SHEIKH S/O LATE ABDUL HUSSAIN RESIDENT OF VILLAGE RAJAPARA PART II PO AND PS BAGRIBARI DIST KOKRAJHAR ASSAM ASSAM 78334 VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MD H R AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN