Md Taimuddin v. The State of Assam

ORDER Date : 16-09-2024 Heard Mr. A.K. Ahmed, learned counsel for the petitioner Md. Taimuddin, who has filed this application under Section 482 of the Code of Criminal Page No.# 2/3 Procedure, 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Goroimari Police Station Case No. 81/2024 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 read with Section 9/10/11 of the Prohibition of Child Marriage Act, 2006.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State.

¶3The FIR unfolds that the victim X has committed suicide as she was compelled to marry the prime accused against her will.

¶4It is submitted on behalf of the petitioner that the petitioner's name is not mentioned in the FIR but as he is a Qazi, he is apprehending arrest in connection with this case.

¶5Learned Additional Public Prosecutor has raised serious objection stating that the petitioner is not entitled to bail as he has violated the law.

¶6I have also scrutinized the Case Diary. The merits of the case are not brought to the fore. However, I am of the opinion that bail can be granted to the petitioner. Investigation has progressed to a considerable extent. The petitioner has pledged to abide by any stringent bail conditions if imposed upon them and to cooperate with the remaining part of investigation.

¶7Considering all aspects, petition is allowed.

¶8The 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 arresting authority under the conditions that :- Page No.# 3/3

(i) The petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation.

(ii) The petitioner shall refrain from such activities with which he is alleged.

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

¶9On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶10In terms of the above, this Anticipatory Bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010177842024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2317/2024 MD TAIMUDDIN S/O LATE ABDUL JALIL R/O CHAMPUPARA GAON P.O. CHAMPUPRA BAZAR P.S. CHHAYGAON DIST. KAMRUP, ASSAM PIN-781137 MOB. 98640 27090 VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A K AHMED, MS F PARBIN,MS P KAKATI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND