Hibjur Rahman v. The State of Assam and Anr

ORDER

22.08.2024 Heard Mr R A Ahmed, learned counsel for the petitioner, Hibjur Rahman, who has Page No.# 2/3 filed this application under Section 439 of the CrPC, with prayer for bail as he is behind bars since 19.05.2024, in connection with Sonapur PS Case No. 94/2024, under Sections 376/366/313/506 of the Indian Penal Code, 1860, read with Section 6 of the POCSO Act.

¶2The name of the learned counsel for the respondent No. 2 is shown in the Cause List.

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

¶4The allegation against the petitioner is that the petitioner kidnapped the 14-year-old victim and committed sexual assault on her.

¶5It is submitted that the petitioner is behind bars for 95 days and charge sheet has not yet been submitted.

¶6Considering the length of detention, petition is allowed. The petitioner is enlarged on bail of Rs 50,000/- (Rupees Fifty Thousand), with a suitable surety of the like amount to the satisfaction of the learned Special Judge (POCSO), Kamrup (Metro), under the conditions that:

(i) the petitioner shall cooperate with the remaining part of the investigation,

ii) the petitioner shall not exercise threats to the witnesses, and

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

6.1. On breach of any of the bail conditions, bail order shall automatically stand cancelled. Page No.# 3/3

¶7Bail Application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010126722024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1852/2024 HIBJUR RAHMAN S/O JAMAL UDDIN VILL- 1 NO. KACHUTALI P.S. SONAPUR DIST. KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MOHAR ALI S/O LT. ABDUL SHEIKH VILL- 1 NO.KACHUTALI P.S. SONAPUR DIST. KAMRUP (M) ASSAM Advocate for the Petitioner : MR. N J DUTTA, MR M AHMED,MRS R BEGUM,MR R A AHMED Advocate for the Respondent : PP, ASSAM, MR. S UDDIN (R-2),MR A ALAM (R-2) BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND