Rajibul Talukdar v. The State of Assam

ORDER Date : 01.03.2023 Heard Mr. H.R. Choudhury, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned APP appearing for the State.

¶2The petitioner, who was arrested on 03.02.2023, is seeking regular bail under section 439 Cr.P.C. in connection with Kalgachia P.S. Case No. Page No.# 2/3 16/2023, under sections 9/10 of the Prohibition of Child Marriage Act, 2006, read with section 6/17 of the POCSO Act.

¶3The learned APP has opposed the prayer for bail on the ground that at the time of marriage, the victim girl was a minor.

¶4The learned counsel for the petitioner has produced the AADHAAR Card and birth certificate of the victim girl, wherein the date of birth of the victim girl is recorded as 06.08.2005. Accordingly, he has submitted that on

25.07.2022, i.e. the date of marriage, the victim girl was 16 years 11 months old.

¶5In view of above, as the petitioner is in custody for last 26 days, 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, Rajibul Talukdar 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 Additional Sessions Judge -cum-Special Judge, POCSO, Barpeta.

¶6Bail 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, Page No.# 3/3 try to overawe or influence or intimidate the prosecution witness. III. The petitioner shall not obstruct the smooth progress of the 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.

¶7The photocopies of the AADHAAR Card and Birth Certificate of the victim girl produced by the learned counsel for the petitioner is retained on record.

¶8This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010042452023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./720/2023 RAJIBUL TALUKDAR S/O- JOYNAL TALUKDAR, VILL- BILORTARI, (KALGACHIA), P.S. KALGACHIA, DIST.- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR H R CHOUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA