Zahangir Alom v. The State of Assam and Anr

ORDER

08.08.2024 Heard the learned counsel, Mr S Das, for the petitioner, Zahangir Alom, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest Page No.# 2/3 bail, as he is apprehending arrest in connection with Dhubri PS Case No. 163/2024, corresponding to GR Case registered under Sections 341/506 of the Indian Penal Code, 1860, read with Sections 10/12/21 of the POCSO Act, 2012.

¶2Heard learned Additional Public Prosecutor, Mr B B Gogoi, for the State respondent and Mr U U Khan, learned counsel for the respondent No. 2.

¶3The allegation against the petitioner is that he has committed sexual assault on the victim.

¶4It is submitted on behalf of the petitioner that a false case has been slammed against the petitioner as the petitioner raised objection that the victim was chewing gutkha inside the class and spitting on the corridor walls.

¶5The learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner.

¶6I have scrutinized the Case Diary.

¶7Indeed there are incriminating materials in the Case Diary against the petitioner.

¶8It appears that investigation may be adversely affected if the petitioner is admitted to bail.

¶9Considering all aspects, at this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner. Hence, petition is rejected at this stage. Page No.# 3/3

¶10Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010150102024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1949/2024 ZAHANGIR ALOM S/O LATE ABDUS SALAM SARKAR, VILLAGE NILOKHIA PART I, PS SUKCHAR, DIST DHUBRI, ASSAM 783128 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:ARUNAVO CHAKRABORTY S/O LATE MUNISH CH. CHAKRABORTY RESIDENT OF WARD NO. 16 R.K MISSION ROAD DHUBRI TOWN DHUBRI ASSAM 78330 Advocate for the Petitioner : MR. SURAJIT DAS, SAMIM RAHMAN,MR. J ABBAS,MR S A BARBHUYAN,MR A W AMAN,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, U U KHAN(R-2) BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND