Motleb Ali @ Abdul Motleb Ali v. The State of Assam

ORDER Date : 17.08.2023 Heard Mr. A. Roshid, learned counsel for the petitioner. Also heard Mr. B.G. Gogoi, learned APP appearing for the State.

¶2The petitioner, who was arrested on 20.07.2023, is seeking regular Page No.# 2/3 bail under section 439 Cr.P.C. in connection with Mererchar P.S. Case No. 51/2023, under sections 457/376 IPC.

¶3The petitioner is accused of sexually assaulting the victim at 11.00 PM on 18.07.2023 and he was apprehended by the family members and handed over to the Village Defence Party in the next day morning.

¶4The learned APP has produced the case diary and has opposed the prayer for bail on the ground that in her statement recorded under section 164 Cr.P.C., the victim has implicated the petitioner of sexually assaulting her.

¶5As per the medical examination report dated 25.07.2023 contained in the case diary, it appears that the victim was examined on 19.07.2023 and no external injury was noticed.

¶6Having noticed that the petitioner has been in custody for last 29 days, considering the length of detention, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, Motleb Ali @ Abdul Motleb Ali in connection with the aforesaid case on furnishing bail bond of Rs.30,000/- with one suitable surety of like amount to the satisfaction of the learned Sub Divisional Judicial Magistrate (M), North Salmara, Abhayapuri.

¶7Bail is granted on the following conditions: I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. Page No.# 3/3 II. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. III. The petitioner shall not obstruct the smooth progress of the investigation/trial. IV. The petitioner shall not misuse his liberty in any manner. V. The petitioner shall appear before the I/O within 15 (fifteen) days from the date of his release and he shall continue to appear once in every month till his appearance is dispensed with or charge-sheet is filed, whichever is earlier. VI. The petitioner shall not make any attempt to meet the victim or any of her family member, and if he does so, the I/O is at liberty to move the jurisdictional Court and apply for cancellation of bail.

¶8This application stands disposed of.

¶9Case diary is returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010165182023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2694/2023 MOTLEB ALI @ ABDUL MOTLEB ALI S/O ABDUL SAMAD ALI VILL- TILAPARA P.S. ABHAYAPURI DIST. BONGAIGAON PIN-783384 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. A ROSHID Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA