Rajibul Islam v. The State of Assam and Anr

ORDER

14.08.2024

¶1Heard learned counsel Mr. M. Khan for the petitioner Rajibul Islam; learned counsel Mr. M. I. Hussain for the informant and learned Additional Public Page No.# 2/3 Prosecutor, Mr. R. R. Kaushik, Assam for the respondent State.

¶2The petitioner has filed this application under Section 438 of the Cr.PC with prayer for pre-arrest bail as he is apprehending arrest in connection with Bongaigaon Police Station Case No. 164/2024 under Section 365/376 of the IPC read with Section 4 of the POCSO Act.

¶3The allegation against the petitioner is that he kidnapped the minor victim 'X'. It is submitted on behalf of the petitioner that the petitioner and the victim had a love relationship and the victim on her own volition came to the petitioner's house but the petitioner's family members sent her to the Gaonburah's house and on the advice of the Gaonburah, an FIR was lodged. The learned counsel for the informant has raised serious objection against the petitioner stating that the petitioner belongs to an influential family and they had threatened the victim and her family members and there is every possibility that the other witnesses may have been influenced by the petitioner's affluent family.

¶4I have scrutinized the Case Diary. The merits of the case are not brought to the fore as this case is still under investigation. However, the Case Diary reveals that investigation may have presumably progressed to a considerable extent.

¶5The statement of the victim under Section 164 of the Cr.PC has been recorded and the statements of the other witnesses have also been recorded. Page No.# 3/3

¶6I have considered the submission that the petitioner is willing to co-operate with the investigation and to abide by nay stringent bail condition, if imposed upon him. I have also considered that the petitioner is a young lad aged only 19 years.

¶7Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner shall be enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority till the next date, under the conditions that:

(i) The petitioner shall not go anywhere near the vicinity of the victim, and

(ii) The petitioner shall appear before the Investigating Officer within 1 week and co-operate with the investigation. On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶8Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010115522024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1518/2024 RAJIBUL ISLAM S/O MONSER ALI, R/O VILL- KAWATIKA, P.S.-BIJNI, DIST- CHIRANG, BTAD, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:ALI AKBAR S/O SHIRAJ ALI VILL- CHAPARKATA PART.2 P.S. AND DIST- BONGAIGAON ASSA Advocate for the Petitioner : MR. M KHAN, MS J AKTAR Advocate for the Respondent : PP, ASSAM, N. UDDIN (R-2),MR. M I HUSSAIN (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND