Md. Afjal Hussain v. The State of Assam

ORDER

20.06.2024 Heard Mr N Barman, learned counsel for the petitioner.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail as he is behind bars since 26.04.2024, in Page No.# 2/2 connection with Belsor PS Case No. 57/2024, corresponding to GR No. 388/2024, registered under Sections 493/376/354B/506/509/323/34 of the Indian Penal Code, 1860.

¶3Heard Mr B Sharma, learned Additional Public Prosecutor for the State of Assam.

¶4The allegation against the petitioner is that he induced the victim with false promise of marriage and had physical relationship with the victim.

¶5It is submitted on behalf of the petitioner that a false case has been slammed against the petitioner. The victim and the petitioner had a love relationship.

¶6The learned Additional Public Prosecutor has submitted that the Case Diary reveals that the petitioner is married to the victim.

¶7I have considered the submissions at the Bar with circumspection.

¶8I have also perused the statement of the victim under Section 164 CrPC.

¶9Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/-, with one surety of the like amount to the satisfaction of the learned CJM, Nalbari.

¶12Bail Application stands disposed of.

¶13Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010117312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1708/2024 MD. AFJAL HUSSAIN S/O AZIZUR RAHMAN VILL- GANDHIYA BALAPARA, P.S. BELSOR, DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR N BARMAN Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND