Hitesh Choudhury v. The State of Assam

ORDER Date : 25-06-2024 Heard Mr. K. Boruah, learned counsel for the petitioner Hitesh Choudhury, who has filed this application under Sections 439 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail as he is behind bars since

22.05.2024 in connection with Golaghat Police Station Case No. 110/2024 under Page No.# 2/3 Sections 342/354A(1)(i)/354A(1)(ii)/376(2)(b)/511/509 of the Indian Penal Code, 1860 (IPC for short).

¶2Heard Mr. D.P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State and Mr. B. Bora, learned counsel for the informant.

¶3The allegation against the petitioner is that he has outraged the modesty of the victim and attempted to commit sexual assault on the victim.

¶4The learned Additional Public Prosecutor has raised serious objection stating that the petitioner is aggressive by nature. The learned Additional Public Prosecutor and the learned counsel for the informant have submitted that the victim resides in the same campus where the petitioner has been serving as a jailor. It is further submitted that there are incriminating materials in the Case diary against the petitioner.

¶5I have perused the Case Diary. Indeed there are incriminating materials in the Case Diary against the petitioner.

¶6The victim is the jail doctor where the petitioner is serving as the jailor. The Case Diary reveals that investigation has progressed to a considerable extent. It appears that further custodial detention may not be required.

¶7Considering the progress of investigation and the length of detention, 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 Eleka Magistrate under the conditions that:

(i) The petitioner shall not exercise threats to the witnesses or go near the vicinity of the victim. Page No.# 3/3

(ii) The petitioner shall not tamper with the evidence or influence the witnesses and maintain the peace.

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

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

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

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010111792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1623/2024 HITESH CHOUDHURY S/O ARIN CHUDHARY R/O VILL- BATABARI, P.O. AND P.S. ABHAYAPURI, DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND