Md. Anjar Hussain/Ali @ Ansarul v. The State of Assam

ORDER Date : 16.08.2024

Heard Mr. PK Sarma, learned counsel for the petitioner and Mr. B.Sharma, learned Addl.P.P. for the State respondent No.1. Also heard Ms. D.Ghosh, learned counsel for the respondent No.2. By filing this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Md. Anjar Husain Ali @ Ansarul has prayed for grant of bail in connection with POCSO Case No. 358/2023 (Lahorighat P.S. Case No.225/2023) under Section 376 (3) IPC r/w Section 6 of POCSO Act pending in the court of learned Special Judge (POCSO Act), Morigaon. Learned counsel for the petitioner submits that in connection with the above case, out of 10 witnesses, 5 witnesses have already been examined by the learned trial court. The petitioner is behind judicial custody for last 1 year 4 months and 21 days since his arrest on 26.03.2023 and as such, considering length of detention, his prayer for bail may be considered. Learned Addl.P.P. submits that out of 10 witnesses, 5 witnesses including the victim girl has already been examined and as such, length of detention may be considered. Learned counsel for the respondent No.2 has prayed for some time to file objection in the case and has vehemently opposed in granting bail to the Page No.# 3/4 petitioner as it is a case under Section 6 of POCSO Act. Having heard learned counsel for the parties and on perusal of the case records including the evidence of witnesses recorded so far, it appears that that out of 10 witnesses, 5 witnesses including the victim girl have been already examined. Hence, this court, at this stage, considering the length of detention is inclined to grant bail to the petitioner. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge (POCSO Act), Morigaon subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned Special Judge (POCSO Act), Morigaon without prior written permission from him/her;

ii) That the 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

iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any of the remaining prosecution witnesses. It may be mentioned herein that the learned trial court may impose any other conditions at the time of releasing the petitioner on bail. The observation made above, shall confine for the purpose of disposal of this bail application only and shall not in any way affect the proceeding of the Page No.# 4/4 trial. Violation of any condition shall tentamount to cancellation of bail. The bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010071902024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1073/2024 MD. ANJAR HUSSAIN/ALI @ ANSARUL S/O INNAS ALI R/O VILL- DABLU GAON P.S. KAMPUR DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:Sahidul Islam S/O- Hamed Ali Resident of Autolabori Ward No.5 P.S.- Lahorighat Dist- Morigaon Assam Pin-78210 Advocate for the Petitioner : MR. P K SARMA, MS R SAHIN,MS. T SOM Advocate for the Respondent : PP, ASSAM, MS. D GHOSH (R2),MS N DEKA (R2),MS H BETALA (R2),MR I CHAKMA (R2),MR. S. K. CHAKMA (R2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI