Mosharof Ali @ Muzarof Ahmed v. The State of Assam and Anr

ORDER

23.04.2024 Heard Mr. A.Z. Ahmed, learned counsel for the applicant and Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

¶2Apprehending arrest in connection with Bagribari P.S. Case No. 107/2023, under Sections 365/376(3)/506 IPC, read with Section 4 of the POCSO Act, this application under Section 438 Cr.P.C. is preferred by applicant namely, Mosharof Ali @ Muzarof Ahmed, for grant of pre-arrest bail.

¶3It is to be noted here that the above-noted case has been registered on the basis of an FIR lodged by one Smt. X (name withheld), on 02.09.2023. The essence of allegation made in the aforesaid FIR is that on 01.09.2023, at about 8:30 a.m., the informant came to Markaz Academy situated at Panbari, but she found the school closed on that day, which she was not aware of and then her boy friend Sofiqul Islam along with of his friends, namely, Muzarof Ahmed and Raju came there in one Maruti car and asked her to board on the vehicle, assuring to drop her in her house, but instead of dropping her in her house, they have taken her towards Bagribari and thereafter, to another place, namely, Angarkata and there Sofiqul Islam committed rape upon her under threat.

¶4Mr. Ahmed, learned counsel for the applicant submits that this Court was pleased to grant interim protection to the applicant, vide order dated

01.04.2024, and pursuant to the said order, the applicant has appeared before the IO and has been cooperating with the investigating agency and therefore, it is contended to make the interim order dated 01.04.2024, absolute in the same Page No.# 3/3 terms and conditions.

¶5On the other hand, Mr. Sarma, learned Additional Public Prosecutor by producing the case diary before this court, confirms that the applicant has appeared before the IO and his statement is recorded and that material part of investigation is almost over.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record and also perused the Case Diary with the assistance of learned Additional Public Prosecutor.

¶7In view of the submissions of learned counsel for both the parties and also considering the fact that the applicant has been cooperating with the investigating agency and that of the progress of investigation, this Court is of the view that the custodial interrogation of the applicant seems to be unwarranted here in this case. And therefore, this Court is inclined to make the interim order dated 01.04.2024, absolute in the same terms and condition.

¶8In terms of above this AB stands disposed of.

¶9The case diary be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010048482024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/577/2024o MOSHAROFoALIo@oMUZAROFoAHMEDo S/OoSIDDIQUEoALI,o PRESENToADDRESSo VILLAGEoALOMGANJoPARToVII,oPOoRANGAMATI,oPSoGAURIPUR,oDISTo DHUBRIoASSAMo PERMANENToADDRESSo VILLAGEoCHOUTARA,oPOoRANGAMATI,oPSoGAURIPUR,oDISToDHUBRI,o ASSAMo THEoPETITIONERoBEINGoAoMINORoISoREPRESENTEDoBYoHISoFATHERo SIDDIQUEoALI,oS/OoLATEoMOSLEMoALI VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPoBYoTHEoPPoASSAM 2:JAMIRANoNESSA oD/OoJABEDoALIoMONDALo VILLAGEoRANGAMATIoPARToII oPSoGAURIPUR oDISToDHUBRI oASSAMo THEoINFORMANToBEINGoMINORoISoREP.oBYoHERoFATHER oJABEDoALIoMONDAo AdvocateoforotheoPetitionerooooo:oMR.oAoZoAHMEDo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN