Mohor Ali @ Mohor Ali Mollah v. The State of Assam and Anr

ORDER Date : 27-09-2024 Heard Mr. F. Haque, learned counsel for the petitioner Mohor Ali @ Mohor Ali Mollah who has filed this application under Section 482 of the BNSS with Page No.# 2/3 prayer for pre-arrest bail as he is apprehending arrest in connection with Fakirganj P.S. Case No.82/2024 under Section 376(2)(n)/323/506 IPC, R/W section 6 of POCSO Act.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State.

¶3It is submitted on behalf of the petitioner that a false case has been brought up against the petitioner. It is submitted that the petitioner and the victim had a love affair and the victim went with the petitioner on her own volition.

¶4Learned counsel for the respondent No.2 has raised serious objection stating that the victim is a minor girl aged about 16 years and the petitioner does not deserve bail considering the gravity of the case.

¶5I have scrutinized the case diary and also considered the submission at the Bar. The investigation has progressed to a considerable extent. It appears that custodial interrogation may not be required.

¶6Accordingly, in the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/-(Rupees Fifty Thousand) with a local surety of like amount to the satisfaction of the arresting authority under the conditions that:-

(i) the petitioner shall appear before the Investigating Officer within 1 (one) week from today and cooperate with the investigation,

(iii) the petitioner shall not exercise threats to the witnesses or tamper with the evidence and, Page No.# 3/3

(iv) the petitioner shall not leave the jurisdiction of the Court without prior permission.

¶7On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶8Send back the case diary.

¶9Anticipatory Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010152192024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2009/2024 MOHOR ALI @ MOHOR ALI MOLLAH S/O KHOIM UDDIN, VILLAGE- SHIBER ALGA, P.S- FAKIRGANJ, DISTRICT- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM. 2:MAYAN ALI S/O SAHJAHAN ALI VILLAGE- CHIRAKHUWA P.S- FAKIRGANJ DISTRICT- DHUBRI(ASSAM Advocate for the Petitioner : MR A ISLAM, MR. S K M ALOMGIR,MR F HAQUE Advocate for the Respondent : PP, ASSAM, MR. P SAIKIA ( AS LEGAL-AID-COUNSEL FOR R- 2),MR F U BARBHUIYA (R-2),MS S DAS(R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND