Azahar Ali v. The State of Assam and Anr

ORDER Date : 19.08.2024

Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State of Assam.

¶2By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Azahar Ali, has prayed for granting pre-arrest bail, apprehending arrest in connection with Boko P.S. Case No. 331/2024 under Section 376(n)/506 IPC r/w Section 6 of POCSO Act, 2012.

¶3The learned counsel for the petitioner submits that the present petitioner is the father of the accused No. 1 as per FIR and there is no allegation against the present petitioner in the FIR which falls under the provision of IPC or POCSO Act. As because he is the father of the main accused, he was arrayed as accused in the case. It is also submitted that there is a long pending land dispute between the petitioner and the informant. Considering the allegation against the petitioner, learned counsel for the petitioner prays that the benefit of pre-arrest bail may be extended to the petitioner.

¶4On the other hand, Mr. Sarma, learned Additional Public Prosecutor for the State has produced the case diary including the statement of the victim recorded under Section 164 Cr.P.C. It is Page No.# 3/4 submitted that the allegation against the present petitioner is that he refused to get his son married with the victim girl and demanded Rs.5,00,000/- as dowry which does not fall under the provision of POCSO Act.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary.

¶6It appears that there is no such allegation against the present petitioner which falls under the category of POCSO Act or under Section 376 IPC. Under such backdrop, this Court finds that custodial interrogation of the petitioner is not required for the purpose of investigation of the case. Therefore, the privilege of pre-arrest bail is granted to the petitioner.

¶7Accordingly, it is provided that in the event of arrest of the petitioner, named above, in connection with Boko P.S. Case No. 331/2024 under Section 376(n)/506 IPC r/w Section 6 of POCSO Act, 2012, he shall be released on furnishing bail bond of Rs.30,000/- with a suitable surety of the like amount, to the satisfaction of the arresting authority.

¶8The direction for pre-arrest bail is subject to the conditions that the petitioner:

(a) shall appear before the Investigating Police Officer within ten days from today and shall co-operate with the investigation;

(b) shall not, directly or indirectly, make any inducement, threat or Page No.# 4/4 promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

¶9The anticipatory bail application stands disposed of.

¶10Send back the case diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010154462024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2016/2024o AZAHARoALIo S/OoLATEoMOHEZoALIo R/OLOTORIADIAo P.OoMAHTOLIo P.S.oBOKOo DIST.oKAMRUP,oASSAMo MOB.oNO.o9864027090o PIN-781136 VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:TAIZUDDINoAHMED oS/OoLATEoSHOMEJoUDDINo R/OoLOTORIADIAo P.O.oMAHTOLIo P.S.oBOKOo DIST.oKAMRUP oASSAMo PIN-78113o AdvocateoforotheoPetitionerooooo:oMRoAoKoAHMED,oMSoPoKAKATIo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI