Khairul Islam and 2 Ors v. The State of Assam and Anr

ORDER Date : 18.07.2024

Heard Mr. M.I. Hussain, learned counsel for the petitioners. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Khairul Islam, Azim Uddin Talukdar @ Azimuddin Ali and Sorhab Ali @ Mintu have prayed for bail in connection with Abhayapuri PS Case No. 133/2024 under Sections 120(B)/341/294/325/307/354/354(A)/354(B) IPC r/w 75 of J.J. Act and r/w Section 8/12 of POCSO Act, 2012. It is submitted by the learned counsel for the petitioners that the petitioners have been detained in custody for last 56 days since their arrest on 24.05.2024. It is also submitted that the petitioners neither assaulted the sister of the informant or her boyfriend nor they took any video of the alleged incident, rather they tried to control the situation which appears from the video footage. On the date of the incident, while the victim and her boyfriend went to Lungai Pahar, some of the boys came to the spot and assaulted them. Considering the background of the case as well as the length of detention, petitioners may be enlarged on bail. Mr. Baruah, learned Additional Public Prosecutor for the State has produced the case diary including the statement of the victim recorded under Section 164 Cr.P.C. and submits that the victim did not say anything regarding the involvement of the present petitioners. However, substantial part of investigation has already been completed. Page No.# 3/3 I have considered the submission of learned counsel for the parties. I have also perused the case diary. As per statement of the victim, it appears that on the date of the incident, she and her friend went to nearby spot where some boys assaulted them for which she became unconscious. The victim did not say anything in her statement that the present petitioners are involved in the alleged incident. In view of the above and considering the length of detention, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners, named above, shall be released on bail in connection with Abhayapuri PS Case No. 133/2024 under Sections 120(B)/341/294/325/307/354/354(A)/354(B) IPC r/w 75 of J.J. Act and r/w Section 8/12 of POCSO Act, 2012, on furnishing bail bond of Rs.20,000/- each with one suitable surety each of the like amount, to the satisfaction of learned Special Judge, North Salmara, Abhayapuri, Assam. The direction for bail is further subject to the conditions that the petitioners:

(a) shall not leave the territorial jurisdiction of learned Special Judge, North Salmara, Abhayapuri, Assam without prior written permission from him/her;

(b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(c) shall not hamper with the investigation, or tamper with the evidence of the case. In terms of the above, this bail application stands disposed of. Send back the case dairy.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010125902024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1845/2024o KHAIRULoISLAMoANDo2oORS.o S/OoBADHSAHoALIo@oRAHIMoBADSHAo VILL-oPIKNAPARAo P.S.oABHAYAPURIo DIST.oBONGAIGAON,oASSAM 2:oAZIMoUDDINoTALUKDARo@oAZIMUDDINoALI oS/OoABDULoKASEMo VILL-oDUMURIAoPART-IIIo P.S.oABHAYAPURIo DIST.oBONGAIGAON oASSAM 3:oSORHABoALIo@oMINTU oS/OoABDULoREZZAKo VILL-oBEHULAPARAo P.S.oABHAYAPURIo DIST.oBONGAIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:SAHERoALI oS/OoSHARIFoUDDINo R/OoVILL-oKAHIBARIoPART-Io P.S.oABHAYAPURIo DIST.oBONGAIGAON oASSAMo PIN-78338o AdvocateoforotheoPetitionerooooo:oMR.oMoIoHUSSAINo Page No.# 2/3 Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI