Sulman Ali v. The State of Assam

ORDER Date : 01.03.2023

Heard Mr. A.I. Uddin, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, learned APP appearing for the State.

¶2The petitioner, who was arrested on 05.02.2023 and forwarded on Page No.# 2/3

06.02.2023, is seeking regular bail under section 439 Cr.P.C. in connection with Jagiroad P.S. Case No. 40/2023, under section 376(1) IPC, read with section 9/10/11 of the Prohibition of Child Marriage Act, 2006 and section 6/17 of the POCSO Act.

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

¶4The learned counsel for the petitioner has referred to the AADHAAR Card of the victim girl to project that the victim girl was born on 21.06.2004. It is also submitted that the marriage took place on 01.12.2020 and he admitted that at the time of marriage, the girl was a minor. Out of the wedlock, a male child was born on 13.02.2022.

¶5Although there are incriminating materials against the petitioner of marring a minor girl, but considering that the petitioner is in custody for last 23 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, Sulman Ali 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, Morigaon.

¶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 Page No.# 3/3 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 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.

¶7This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010044032023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./724/2023 SULMAN ALI S/O MIYA HUSSAIN VILL. ALISINGA .P.S JAGIROAD DIST. MORIGAON ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA