Mofidul Islam @ Mofidul Ali v. The State of Assam

ORDER Date : 03.10.2024

Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. K.K. Page No.# 2/3 Parasar, learned Additional Public Prosecutor appearing for the State and Mr. A. Phukan, learned Amicus Curiae for the respondent No. 2.

¶2By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Mofidul Islam @ Mofidul Ali, has prayed for bail in connection with Spl.P. Case No. 75(Bgn)/2024 (arising out of Bongaigaon P.S. Case No. 210/2024) under Section 363/376(3) of IPC r/w Section 4 of POCSO Act.

¶3The learned counsel for the petitioner submits that the petitioner has been detained in custody for more than hundred days since his arrest on

13.06.2024. It is also submitted that the victim girl has been already examined by the learned trial court. There is no allegation made by the victim against the petitioner in her evidence which comes under the purview of the POCSO Act. Under such backdrop as well as considering the length of detention, the petitioner may be enlarged on bail.

¶4On the other hand, Mr. Parasar, learned Additional Public Prosecutor for the State and the learned Amicus Curiae for the respondent No. 2 have submitted that as the victim girl has already been examined, length of detention of the accused may be considered.

¶5I have considered the submissions made by the parties. I have also perused scanned copy of trial court record.

¶6In view of the submissions of learned counsel for the parties and considering the fact in its entirety, this Court is inclined to grant bail to the petitioner. Page No.# 3/3

¶7Accordingly, the accused-petitioner, named above, shall be released on bail in connection with Spl.P. Case No. 75(Bgn)/2024 (arising out of Bongaigaon P.S. Case No. 210/2024) under Section 363/376(3) of IPC r/w Section 4 of POCSO Act, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount to the satisfaction of learned Special Judge, Bongaigaon, Assam.

¶8The direction for bail is further subject to the conditions that the accused-petitioner:

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

(b) shall not, directly or indirectly, make any inducement, threat or promise to any of the remaining witnesses to be examined in the case;

(c) shall appear before the trial court on each and every date fixed for hearing without fail.

¶9Breach of any of the above conditions, shall tantamount to cancellation of bail.

¶10In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010147062024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2148/2024 MOFIDUL ISLAM @ MOFIDUL ALI S/O- ABDUL MAZID @ MAZID ALI, PERMANENT RESIDENT OF VILLAGE NO. 2 GARUGAON, P.O. GARUGAON, P.S. AND DIST. BONGAIGAON, ASSAM, PIN- 783383. VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MALEK UDDIN S/O-LATE HAFEZ UDDIN PERMANENT R/O VILL- NO.2 GARUGAON NEARBY NGO BAZAR NO.3 NACHANKURI P.O-GARUGAON P.S-BONGAIGAON STATE- ASSAM PIN-78338 Advocate for the Petitioner : MR. J ABBAS, MR. D GOGOI Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, AMICUS CURIAE BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI