Abdul Audut Sarker @ Audut Sarker v. The State of Assam and Anr

ORDER

17.09.2024

Heard Mr. J. Ahmed, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor for the State. Notices were duly served upon the informant. The informant has engaged Ms. T. Som, learned counsel but she is not present, however, her junior namely, Ms. S. Som, learned counsel is present. She only submits that the informant is having objection to the prayer made and nothing more. By this application under Section 438 of Code of Criminal Procedure, 1973, the petitioner, namely, Abdul Audut Sarker @ Audut Sarker has approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with South Salmara Police Station Case No. 50/24 registered under Sections 447/376(3)

(i)/34 of IPC read with Section 6 of the POCSO Act. This Court vide order dated 06.06.2024 has granted interim protection to the petitioner while, calling for up-to-date case diary. The case diary is received. Perused the case diary including the statement of the victim girl. In her statement, the victim girl stated that she could not identify the accused though she specifically implicated five unknown persons who had attempted rape to her. The eye witnesses also stated regarding hue and cry raised by the victim near the pond. The other accused persons are identified to be one Noral Hoque, one Babul SK @ Babu, one Nalchan and one Rakib. The present petitioner namely Abdul Audut Page No.# 3/3 Sarker @ Audut Sarker has not been named by any of the witnesses including the victim. Therefore, in the totality of the matter, the interim protection granted to the petitioner under its order dated 06.06.2024 is made absolute in the same terms and conditions with an additional condition that the petitioner shall appear before the I.O. within a period of 10 days from today and on his appearance, the I.O. shall record his statement. Accordingly, this bail application stands disposed of. Return back the case dairy.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010123472024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1170/2024 ABDULoAUDUToSARKERo@oAUDUToSARKER S/OoLT.oSK.oMOJIBORoRAHMANo R/OoVILL-oKHARUABANDA o P.S.oSOUTHoSALMARAoDIST.oSOUTHoSALMARA oMANKACHAR oASSAM oVERSUS THEoSTATEoOFoASSAMoANDoANR. REPoBYoTHEoPP oASSAM 2:HAFIZURoRAHMAN S/OLT.oJOMERoALIo VILL-oTETULTOLAo(SRIRAMPARA)o P.S.oSOUTHoSALMARAo DIST.oSOUTHoSALMARA oMANKACHAR oASSAMo PIN-o783135 o------------ oAdvocateoforo:oMR.oJoAHMED Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR. Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY