Raju Sheikh @ Raju Sk and 3 Ors v. The State of Assam

ORDER Date : 20/12/2023

Heard Mr. M. R. Khandakar, learned counsel for the petitioners. Also heard Mr. B. Bhuyan, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This Anticipatory bail petition under Section 438 Cr. P.C. has been filed by the petitioners, namely, 1. Raju Sheikh @ Raju Sk, 2. Amer Ali, 3. Ashadul Alom @ Ashraful and 4. Nazibul Islam @ Rajib Ali are apprehending arrest in connection with Mankachar Police Station Case No. 302/2023 (corresponding to G.R. Case No. 709/23), which is registered under Sections 366(A)/343/376(3)/326/34 of IPC read with Section 6 (1) of POCSO Act.

¶3By an FIR dated 21.07.2023 lodged by the informant, one, Amzad Ali, it was alleged that the accused/petitioner no.1 took away his minor daughter, who was aged about 15 years with an inducement to marry her. Subsequently she was recovered in an injured condition. And on being asked, the victim girl stated that the accused/petitioner No.1 took her to different places with inducement to Page No.# 3/4 marry her and entered into physical relationship with her and thereafter accused/petitioner Nos. 2, 3 and 4 had assaulted her with lathi and seriously injured her in different parts of the body when the accused/petitioner No.1 took her to his house.

¶4The said FIR was received and registered as Mankachar Police Station Case No. 302/2023 (corresponding to G.R. Case No. 709/23), which is registered under Sections 366(A)/343/376(3)/326/34 of IPC read with Section 6 (1) of POCSO Act.

¶5Case Diary as directed has been produced before this Court today by the learned Additional Public Prosecutor.

¶6Upon careful perusal of the case diary, it is seen that the statement of the victim girl under Section 164 Cr.P.C has been recorded and she admits voluntary physical relationship with the accused No.1. However, the medical report available in the case diary does not reflect any evidence of physical relationship although the injuries on the body of the person have been recorded. From the perusal of the Case diary, it is seen that the matter is still under investigation. However, no materials which incriminate the petitioners Nos. 2, 3 and 4 are seen from the Case Diary at this stage of investigation.

¶7And accordingly, this Anticipatory Bail petition is allowed in so far petitioners Nos. 2, 3 and 4 are concerned. In the event of their arrest in connection with the aforesaid case, the petitioners shall be released furnishing a bail bond of Rs.20,000/-(Rupees twenty thousand) only each with a local surety of like amount. The bail granted however, is subjected to the following conditions:-

¶1That the petitioners shall appear before the Investigating Officer within 10(ten) days and co-operate Page No.# 4/4 in the investigation as and when required;

¶2The petitioners shall not leave the territorial jurisdiction of the police station, without prior written permission from Officer-in-Charge, Mankachar Police Station.

¶3That the petitioners shall not hamper or tamper with the investigation in any manner; and

¶4That the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person/witness acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer in connection to this Police Station Case.

¶8If any of the conditions are found to be violated then the Investigating Officer shall be at liberty to seek cancellation of the bail granted to the petitioners.

¶9Prayer for Anticipatory bail in so far as the petitioner No.1 is concerned is rejected at this stage in view of the materials available in the case dairy.

¶10It is also from the case record that Notices on respondent No.2, who is the informant has also been served as is revealed from the Office report.

¶11Anticipatory bail petition is accordingly stands disposed of.

¶12Return the case dairy. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010180312023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2913/2023o RAJUoSHEIKHo@oRAJUoSKoANDo3oORSo S/OoAMERoALIo R/OoVILL-oBENGERVITAo P.O.oKALAPANIo DIST.oSOUTHoSALMARAoMANKACHAR,oASSAM,oPIN-783135 2:oAMERoALI oS/OoLT.oWAHEDoALIo R/OoVILL-oBENGERVITAo P.O.oKALAPANIo DIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-783135 3:oASHADULoALOMo@oASHRAFUL oS/OoAMERoALIo R/OoVILL-oBENGERVITAo P.O.oKALAPANIo DIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-783135 4:oNAZIBULoISLAMo@oRAJIBoALI oR/OoVILL-oBENGERVITAo P.O.oKALAPANIo DIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-78313o VERSUSo THEoSTATEoOFoASSAMo REP.oBYoTHEoLEARNEDoPP,oASSAM Page No.# 2/4 2:AMZAD ALI S/OLT. BODOR UDDIN P.O. MANULLAPARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 Advocate for the Petitioner : MR. M R KHANDAKAR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA