Nur Alam v. The State of Assam

ORDER Date : 20-05-2024

¶1Heard Mr. K.H. Saikia, learned counsel for the petitioner.

¶2The petitioner namely, Nur Alam has filed this application under Section 439 Cr.PC with prayer for bail as he is behind bars since 11.03.2024 in connection Page No.# 2/2 with PRC Case No. 991/2024 arising out of Khetri P.S. Case No. 33/2024 registered u/s 366/384/376 IPC.

¶3Heard Mr. B.B. Gogoi, learned Addl. PP., Assam

¶4The allegation against the petitioner is that he has committed sexual assault on the victim.

¶5I have considered the submissions at the Bar with circumspection. After charge-sheet was laid against the petitioner, he approached the Court of the learned CJM, Kamrup (M) who rejected his bail petition. Charge-sheet has been laid against the petitioner u/s 376B IPC.

¶6Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- (Rupees Fifty thousand) with a local surety of like amount to the satisfaction of the jurisdictional Court under the conditions that:- i. The petitioner shall refrain from such activities with which he is alleged; and ii. the petitioner shall not exercise threats to the victim. On breach of bail conditions, bail order shall stand cancelled.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010098822024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1420/2024 NUR ALAM S/O ISAB ALI @ YOUSUF ALI VILL BHER BHERI, P.S. DHING, DIST. NAGAON, ASSAM, 782123 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K H SAIKIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND