Mohidul Hussain @ Mahidul Islam v. The State of Assam and Anr

ORDER

17.05.2024

Heard Mr. S. Hussain, learned counsel for the accused and Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State respondent. Page No.# 2/2

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Mohidul Hussain @ Mahidul Islam, who has been languishing in jail hazot, in connection with the Bagribari P.S. Case No. 129/2023, under Sections 448/376(3)/363/506 of the IPC and read with Section 4 of the POCSO Act, for granting bail.

¶3It is to be noted here that the said case has been registered on the basis of one F.I.R., lodged by one Firoja Bibi, on 16.10.2023. The essence of allegation made in the FIR is that on 20.07.2023, at about 3 pm, while other family members were absent in the house, one Mahidul Hussain committed rape upon her daughter Smti 'X' (name withheld), aged 14 years, and threatened her not to disclose the incident to others.

¶4Mr. Gogoi, learned Additional Public Prosecutor submits that he has not received the case diary, but he has the instruction that the I.O. has already completed investigation and laid Charge-Sheet against the accused, under Sections 448/376(3)/506 of the IPC and read with Section 4 of the POCSO Act, vide Charge-Sheet No. 27/2024, dated 29.04.2024.

¶5At this stage, Mr. Hussain, learned counsel for the accused submits that as the charge sheet has been submitted, he will approach the learned trial court.

¶6In view of above, this Court is inclined to dispose of this bail application by directing the accused to approach the learned court below, by filing appropriate application and in event of filing such an application, the learned Court below shall dispose of the same in accordance with law.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010082492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1219/2024 MOHIDUL HUSSAIN @ MAHIDUL ISLAM S/O MANIK SK. @ MANIKJAL SK. VILL- KORAITARY (SAGOLCHORA) P.O. AND P.S. FAKIRGRAM DIST.KOKRAJHAR, BTR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:FIROJA BIBI W/O ALI AKBAR VILL- KUARPAR P.O. JALABILA P.S. BAGRIBARI DIST. KOKRAJHAR ASSA Advocate for the Petitioner : MR. A T SARKAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN