Minhazul Haque v. The State of Assam and Anr

ORDER Date : 06-09-2024 Heard Mr. D.K. Bagchi, learned counsel for the petitioner Minhazul Haque, who has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since Page No.# 2/2

08.06.2024 in connection with Dalgaon Police Station Case No. 120/2024 (GR No. 506/2024) under Sections 376(2) (n) of the Indian Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

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

¶3Case Diary is received. Charge sheet has not been laid against the petitioner. The petitioner is behind bars for 90 (Ninety) days. The allegation against the petitioner is that he has committed sexual assault on the minor victim X.

¶4I have considered the length of detention. Petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Special Judge, Darrang.

¶5In terms of the above observation, this Bail Application stands disposed of.

¶6Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010174452024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2605/2024 MINHAZUL HAQUE S/O AKKAS ALI, R/O BARUAJHAR, P.S. AND DIST-DARRANG (ASSAM) VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:EUNUS ALI S/O LATE MAKBUL HUSSAIN R/O NO. 5 BARUAJHAR P.O. AND DIST- DARRANG ASSAM PIN-79310 Advocate for the Petitioner : MR. D K BAGCHI, MS. MALLIKA DEVI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND