Md. Mubid Ali v. The State of Assam

ORDER

05.04.2023

Heard Mr. T.J. Mahanta, learned Sr. Counsel appearing for the accused petitioner as well as Mr. R.J. Baruah, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Md. Mubid Ali has prayed for grant of bail in connection with Special (POCSO) Case No. 01/2023 pending in the Court of learned Addl. Sessions Judge-cum-Special Judge (POCSO), Sivasagar arising out of Gaurisagar P.S. Case No. 92/2022 under Sections 363/506/376 of the IPC read with Section 6 of the POCSO Act. The scanned copy of the case record is received. The allegation made in the FIR is that the accused petitioner on the pretext of love relationship with the informant's daughter captured some improper photographs of her and blackmailed her to upload those photographs in Facebook. It is noticed that the accused petitioner has been in judicial custody since

05.01.2023, that is, for 91 days. Perusal of the case record shows that charges were framed on 21.01.2023 against the accused petitioner under Sections 366/506/376(3) of the IPC read with Section 6 of the POCSO Act. Thereafter, 6(six) prosecution witnesses out of 7(seven) listed witnesses including the informant and victim have been examined. On perusal of the evidence so far recorded in the case this Court finds sufficient prima facie incriminating material against the accused petitioner, subject, however, to final outcome in trial of the case. However, considering the length of detention and examination of the material witnesses including the informant and victim, this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of examination of only 1(one) prosecution witness (I.O. of the case) may not be Page No.# 3/3 required. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.40,000/-(Rupees Forty Thousand) with one surety of like amount to the satisfaction of learned Special Judge (POCSO Act), Sivasagar subject to the following conditions-

i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of; and

ii) That the accused 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 the Police Officer or the Court. Be it mentioned that no observation made in this order shall have any bearing in the judicial discretion of the learned Court below. The bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010066582023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1150/2023 MD. MUBID ALI S/O MD. BHULA ALI R/O BOLIAGHAT P.S. SIVASAGAR DIST. SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. P P DUTTA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR