Tofijul Hoque v. The State of Assam and Anr

ORDER Date : 13-03-2024 Page No.# 2/3 Heard Mr. MZ Shah, learned counsel for the petitioner as well as Mr. BB Gogoi, learned APP for the State and Mr. S. Amin, learned counsel for the respondent no.2.

¶2The petitioner, namely, Tofijul Hoque who was arrested on 21.01.2024 in connection with Hatigaon PS case no.10/2024 under sections 354(A) IPC read with section 8 of the POCSO Act is seeking regular bail by filing this application under section 439 Cr.P.C.

¶3It is submitted by the learned counsel for the petitioner that the allegation against the present petitioner is that he had pulled the hand of the victim girl and took her inside the room and had embraced her. The learned counsel for the petitioner also submits that after lodging of the FIR the matter has been settled within the parties.

¶4In view of the fact and considering the length of detention the petitioner may be enlarged on bail.

¶5The learned APP submits that the case diary is not received and prays for some time.

¶6The learned counsel for the respondent no.2 submits that he has no objection if bail is granted to the petitioner.

¶7In view of the above, this Court is inclined to release the petitioner, named above, on bail on furnishing a bail bond of Rs.30,000/- (Rupees thirty thousand only) with one suitable surety of the like amount to the satisfaction of Page No.# 3/3 the learned Special Judge, POCSO, Kamrup (Metro), Guwahati.

¶8The direction for bail is further subject to the conditions that the accused petitioner:

¶1Shall not leave the territorial jurisdiction of learned Special Judge, POCSO, Kamrup (Metro), Guwahati without prior written permission from him/ her.

¶2Shall 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.

¶9Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010042502024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./618/2024 TOFIJUL HOQUE S/O ABDUL KAYUM, R/O- VILL- HARSEMARA, P.S.- CHAPAR, DIST- DHUBRI, ASSAM, VERSUS THE STATE OF ASSAM AND ANR. REP.BY THE PP, ASSAM 2:MONOWAR HUSSAIN S/O LATE MOZIBAR RAHMAN R/O H/NO. 13 BIRINA PATH P.S. HATIGAON DIST. KAMRUP (M) ASSAM PIN-78103 Advocate for the Petitioner : MR M Z SHAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI