Inadul Hoque @ Indadul Hoque v. The State of Assam

ORDER Date : 29-05-2024

Heard Mr. S. Rahman, learned counsel for the petitioner Inadul Hoque @ Indadul Hoque.

¶2The petitioner has filed this application under Section 439 of the Code of Page No.# 2/3 Criminal Procedure, 1973 (CrPC) with a prayer for bail as he is behind bars since

12.04.2024 in connection with Sipajhar Police Station Case No. 47/2024 under Sections 448/376 of the Indian Penal Code, 1860 (IPC for short).

¶3The allegation against the petitioner is that he entered the victim's house at about 9 P.M. and on the pretext of asking for water, he committed rape on the victim.

¶4Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State, who has raised objection against the bail application, stating that there are incriminating materials in the Case Diary against the petitioner.

¶5I have scrutinized the Case Diary.

¶6The Case Diary reveals that investigation has progressed to a considerable extent. The petitioner has pledged to cooperate with the remaining part of investigation. I have considered the submission that the petitioner is the sole bread winner of his family and he is taking care of his old and ailing parents. The petitioner is a local resident and he is not flight risk.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed.

¶8The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Darrang under the following conditions that:

(i) The petitioner shall refrain from such activities with which he is alleged.

(ii) The petitioner shall not exercise threats to the witnesses. Page No.# 3/3

(iii) The petitioner shall not leave the jurisdiction of Court without prior permission till completion of investigation.

¶9On breach of any of the bail conditions, bail order shall stand cancelled.

¶10In the above terms and observations, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010098402024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1404/2024 INADUL HOQUE @ INDADUL HOQUE S/O MAJU ALI @ AJIR ALI R/O VILL-BIJULIBARI, P.O. MAROL, PS. SIPAJHAR DIST. DARRANG, ASSAM PIN-784145 VERSUS THE STATE OF ASSAM THROUGH THE PP, ASSAM Advocate for the Petitioner : MR. S RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND