Gajibor Rahman and Anr v. The State of Assam and Anr

ORDER 06-11-2024 Heard Mr. A Choudhury, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. N Uddin, learned counsel for the informant/respondent No. 2.

¶2By this application filed under Section 482 of the BNSS, 2023, the petitioners, namely, (i) Gajibor Rahman, son of Sanowar Ali and (ii) Majer Ali @ Monser Ali, son of Anowar Hussain, both resident of village-Nidanpur Pt-II, P.S.-Lakhipur, District-Goalpara, apprehending their arrest, are seeking pre-arrest bail in Lakhipur Police Station Case No. 147/2024 registered under Sections 363/376/506/34 IPC read with Section 4 of the POCSO Act corresponding to G.R. No. 503/2024.

¶3As per the FIR of the case dated 24.05.2024 lodged by the informant /respondent No. 2 before the Officer-in-Charge of Lakhipur Police Station, the case is that on 22.05.2024 when his sister in the evening came out of their house when the electricity supply was snapped, the accused petitioner Nos. 1 & 2 forcibly took her in a motorcycle to the first floor of Lakhipur Hospital that was under constructions, where the petitioner No. 1, namely, Gajibor Rahman, committed rape on her. When the minor girl raised hue and cry, the accused petitioners fled away from the scene. Some other persons arrived therein and enquired from her and accordingly informed her family members in her residence. Thereafter, her family members brought her back to her house.

¶4As the informant/respondent No. 2 resides at Guwahati and he was informed about the incident, he returned to Lakhipur on 23.05.2024 and lodged the FIR on 24.05.2024.

¶5Accordingly, Lakhipur Police Station Case No. 147/2024 corresponding to G.R. No. 503/2024 was registered under Sections 363/376/506/34 IPC read with Section 4 of the POCSO Act.

¶6Perused the case diary produced before the Court today by Mr. K K Parashar, learned Page No.# 3/3 Additional Public Prosecutor, Assam.

¶7Also perused the statement of the victim girl recorded by the learned Sub-Divisional Judicial Magistrate (Sadar), Goalpara on 27.05.2024 under Section 164 CrpC, her statement recorded under Section 161 CrPC by the concerned Investigating Officer of the case and also her medical report.

¶8Also perused the statements of the independent witnesses so far recorded by the concerned I.O. of the case.

¶9It is seen from the case diary that police personnel visited the house of the petitioners on various occasions, but they evaded the police.

¶10Finding sufficient incriminating materials in the case diary regarding the involvement of the petitioners in the alleged crime, this Court is of the view that it is not a fit case to grant the benefit of pre-arrest bail to the petitioners, named above, in said Lakhipur Police Station Case No. 147/2024.

¶11Accordingly, this pre-arrest bail application of the petitioners, namely, (i) Gajibor Rahman and (ii) Majer Ali @ Monser Ali in said Lakhipur P.S. Case No. 147/2024 stands rejected.

¶12Return the Case Diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010143462024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1933/2024o GAJIBORoRAHMANoANDoANR.o S/OoSANOWARoALIo R/OoVILL-oNIDANPURoPT.II,o P.S.oLAKHIMPUR,oDIST.oGOALPARA,oASSAM,oPINoNO.o783129 2:oMAJERoALIo@oMONSERoALI oS/OoANOWARoHUSSAINo R/OoVILL-oNIDANPURoPT.II oP.S.oLAKHIPUR oDIST.oGOALPARA oASSAM oPIN-o78312o VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPoBYoTHEoPP,oASSAM 2:JAHIDURoRAHMAN oS/OoALIMoUDDINo R/OoVILL-oNIDANPURoPT.II P.S.oLAKHIPUR o DIST.oGOALPARA oASSAM oPIN-o78312o AdvocateoforotheoPetitionerooooo:oMR.oAoCHOUDHURY,oMS.oAoKAUSHAR,MRoSoISLAMo AdvocateoforotheoRespondento:oPP,oASSAM,oMR.oRoISLAMo(R-2),N.oUDDINo(R-2),MR.oMoIo HUSSAINo(R-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK