Hamidul Mondal @ Hamidul Mandal and Anr v. The State of Assam and Anr

ORDER Date : 19.08.2024

Heard Mr. S.Das, learned counsel for the petitioners and Mr. R.J.Baruah, learned Addl.P.P. for the State respondent No.1. Also heard Mr. N.Mahajan, learned Amicus Curiae representing respondent No.2. By filing this petition under Section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 the accused-petitioners, namely, 1.Hamidul Mondal @ Hamidul Mandal and 2. Rafikul Mondal have prayed for grant of bail in connection with Abhayapuri P.S. Case No.117/2024 under Sections 306/376 IPC r/w Section 6/17 of the POCSO Act. It may be mentioned herein that vide order dated 09.08.2024, the petitioner No. 1, Hamidul Mondal @ Hamidul Mandal has already been granted bail by this court in the above case. The learned counsel for the petitioners submits that petitioner No. 2 is the father of the petitioner No.1 and there was love affairs between petitioner No. 1 and the victim girl. But the petitioner No.2 did not accept their relationship. On

03.05.2024, petitioner No.2 went to the house of the informant, as per FIR and assaulted him and also threatened to kill him. The victim girl being the daughter of the informant, embarrassed by the above situation, committed suicide. The learned counsel for the petitioner further submits that Section 306 of the IPC is not attracted against the petitioner No.2 as there is no instigation made Page No.# 3/4 by him to commit suicide by the victim. It is also submitted that the petitioner No.2 has been languishing in judicial custody for last 53 days and as such, considering length of detention of the petitioner No.2, he may be enlarged on bail. Learned Addl.P.P. has produced the case diary along with the post-mortem report of the victim. However, learned Addl.P.P. submits that length of detention may be considered. Learned Amicus Curiae for the respondent No. 2 has made objection in granting bail to the petitioner No.2. Having heard the learned counsel for the parties and on perusal of the case diary, it reveals that there is no allegation against the petitioner No. 2 to be involved in the offence under POCSO Act. However, considering the length of detention, his prayer for bail is allowed. Accordingly, it is provided that the petitioner 2. Rafikul Mondal shall be released on furnishing bail bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Special Judge (POCSO Act), North Salmara, Abhayapuri subject to the following conditions;-

(i) The petitioner No.2 shall not leave the territorial jurisdiction of learned Special Judge (POCSO Act), North Salmara, Abhayapuri without prior written permission from him/her;

(ii) That the petitioner No.2 shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner No.2 shall not directly or indirectly make any inducement, threat or promise to any person acquainted with Page No.# 4/4 the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail of the petitioner No.2. Return the case diary. This disposes of the bail application.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010139732024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2058/2024o HAMIDULoMONDALo@oHAMIDULoMANDALoANDoANRo S/OoMD.oRAFIKULoMONDAL,oR/OoVILL-oKAYETHPARAoPToI,oP.S.- ABHAYAPURI,oDIST-oBONGAIGAON,oASSAM 2:oRAFIQULoMONDALo@oRAFIKULoMANDAL oS/OoSAMSULoMONDAL oR/OoVILL-oKAYETHPARAoPToI oP.S.-ABHAYAPURI oDIST-oBONGAIGAON oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:AGARoALI oS/OoLATEoBHANUoMANDAL oR/OoVILL-oKAYETHPARAoPToI oP.S.-ABHAYAPURI oDIST-oBONGAIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMRoSARFRAZoNAWAZ,oSAMIMoRAHMAN,MRoSoAo BARBHUYAN,MSoSURAYAoRAHMAN,AoWoAMAN,MR.oSURAJIToDASo AdvocateoforotheoRespondento:oPP,oASSAM,oMR.oNoMAHAJAN,o(AMICUSoCURIAE),oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI