Mondol Ali @ Safikul Ali @ Mandal v. Rumi Begum and Anr

PageoNo.#o1/3 GAHC010081962024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1187/2024o MONDOLoALIo@oSAFIKULoALIo@oMANDALo S/OoLATEoMOHIBULoHOQUEo R/OoSHAHoNAGAR,oGREENoPATHo P.S.oHATIGAONo DIST.oKAMRUPo(M),oASSAM VERSUSo RUMIoBEGUMoANDoANR.o W/OoSAMSULoALIo R/OoSHAHoNAGAR,o GREENoPATHo P.S.oHATIGAONo DIST.oKAMRUPo(M),oASSAM 2:THEoSTATEoOFoASSAM oTOoBEoREP.oBYoTHEoLEARNEDoPP oASSAo AdvocateoforotheoPetitionerooooo:oMR.oSoMoMOLLAHo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE THEkHON'BLEkMRkJUSTICEkARUNkDEVkCHOUDHURY OkRkDkEkR Page No.# 2/3

31.05.2024 Heard Mr. SM Mollah, learned counsel for the petitioner. Also heard Mr. KK Parasar, learned Additional Public Prosecutor, Assam. This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Mondol Ali @ Safikul Ali @ Mandal, who was arrested on

27.03.2024 in connection with Dispur PS case No. 262/2024 under Section 328/376 IPC read with Section 4/8 of POCSO Act, 2012. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. Case diary as called for has been received. After perusal of the case diary, this court has not found any sufficient incriminating material for further custodial interrogation of the petitioner inasmuch as the stage of investigation do not warrant further custody of the petitioner. Accordingly, the present application is allowed. It is directed that the applicant be released on bail on his furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of the like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup (M) with the following conditions.

(1) The petitioner shall not hamper with the investigation, or tamper with the evidence of the case,

(2) The petitioner shall not repeat similar offence in future;

(3) The 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 them from disclosing such facts to the Court or to any police officer,

(4) The petitioner shall appear before the I/O on each and Page No.# 3/3 every date as and when called for. Bail application stands disposed of.

JUDGE Comparing Assistant