Najirul Islam v. The State of Assam and Anr

ORDER

10.09.2024

¶1Heard learned counsel Mr. M. K. Hussain for the petitioner Najirul Islam. Page No.# 2/3

¶2The petitioner has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Dalgaon P. S. Case No. 138/2024 under Sections 363/328/376(3)/506 of the IPC read with section 4 of POCSO act and Section 77 of JJ Act.

¶3Heard Ms. N. Das, learned Additional Public Prosecutor, Assam for respondent No. 1. Name of the legal Aid Counsel is not reflected in the cause-list but the legal Aid Counsel is present on behalf of respondent No. 2.

¶4The allegation against the petitioner is that on 28.06.2024, the accused No. 1 with the help of accused No. 2 committed sexual assault on the minor victim 'X', after she was administered intoxicating substance.

¶5I have considered the submissions at the Bar with circumspection. I have scrutinized the Case Diary and the statements of the victim under Section 164 of the Cr.PC.

¶6It is submitted on behalf of the petitioner that there are direct allegations against the accused No. 1. The merits of this case are not brought to the fore as investigation is still under progress. It appears that pre-arrest bail may be granted to the accused No. 2.

¶7In view of my foregoing discussions, petition is allowed. Meanwhile, in the event of his arrest, the petitioner shall be enlarged on bail of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction Page No.# 3/3 of the arresting authority, under the condition that:

(i) The petitioner shall appear before the Investigating Officer within 1 (One) week and co-operate with the investigation. On breach of any of the bail conditions, bail order shall automatically stand cancelled.

¶8Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010163792024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2136/2024 NAJIRUL ISLAM S/O IDRIS ALI, VILL- KACHARIPARA JUNGLE, P.O. AND P.S.-DALGAON, PIN-784116, DIST- DARRANG (ASSAM) VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:JAMIRAN KHATUN W/O HABIJ UDDIN VILL- KACHARIPARA GAON P.O. AND P.S.-DALGAON PIN-784116 DIST- DARRANG (ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MS. F H AHMED,MD A RAHMAN,MR. M ALOM,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, MS M DAS (AS LEGAL-AID-COUNSEL FOR R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND