Sahjalal v. The State of Assam

ORDER Date : 26-07-2024 Heard Mr. P. Rahman, learned counsel for the petitioner Sahjalal and Mr. M.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure, 1973 with prayer for pre-arrest bail as he is apprehending Page No.# 2/3 arrest in connection with PR Case No. 462/2024 arising out of Laharighat Police Station Case No. 290/2023 (GR No. 1962/2023) under Sections 376/313/294 of the Indian Penal Code, 1860 pending in the Court of learned SDJM, Morigaon.

¶3The petitioner has relied on the decision of the Coordinate Bench of this Court in connection with AB No. 1643/2024 wherein vide order dated

19.07.2024 the accused was granted pre-arrest bail in a similar circumstance.

¶4I have considered the submissions at the bar with circumspection.

¶5The learned Additional Public Prosecutor has raised objection stating that the petitioner has not cooperated with the investigation and he is not entitled to bail.

¶6The allegation against the petitioner is that he committed rape on the victim who is his sister-in-law. It is submitted that a false case has been slammed against the petitioner and there is every possibility that the petitioner will be acquitted from this case.

¶7It is submitted that summons have been issued against the petitioner and he is apprehending that he will be forwarded to custody. The petitioner has pledged to cooperate with the investigation.

¶8I have taken a pragmatic view. Summons was issued against the petitioner and this case is fixed for appearance on 08.08.2024. Charge sheet was laid against the petitioner on 30.04.2024. It appears that this is not an old pending case and the petitioner is willing to cooperate with the investigation.

¶9Considering all aspects and in view of foregoing discussions, petition is allowed. The petitioner is directed to appear before the learned jurisdictional Court and apply for bail and the jurisdictional Court may enlarge the petitioner on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with Page No.# 3/3 a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:

(i) The petitioner shall not tamper with the evidence and try to influence the witnesses.

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

¶9On breach of any of the bail conditions, the learned jurisdictional Court is at liberty to cancel the bail.

¶10In terms of the aforesaid observations, this Anticipatory Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010104732024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1371/2024 SAHJALAL S/O MAHAR UDDIN, VILL- PHALIHAMARI PAM, P.S.-BHURAGAON, DIST- MORIGAON (ASSAM) VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. P RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND