Sadique Hussain v. The State of Assam and Anr

ORDER Date : 23.10.2024

¶1Heard Ms. G Borah, learned counsel for the petitioner, Sadique Hussain, who has filed this application under section 483 of the BNSS, 2023, with prayer for bail as he is behind the bars since 03.08.2024, in Page No.# 2/3 connection with Rupohihat Police Station Case No.187/2024 under sections 363/376/313/294/506 IPC read with section 6 of the POCSO Act, 2012.

¶2Heard Ms. N Das learned Additional Public Prosecutor for the State of Assam and Ms. B Choudhury, learned Amicus Curie appearing for the respondent No.2.

¶3The learned Additional Public Prosecutor and learned Amicus Curie have raised serious objections against the bail petition.

¶4The allegation against the petitioner is that he has committed sexual assault upon the minor victim 'X'. It is submitted on behalf of the petitioner that the petitioner and the victim had a love affair and the victim is almost at the verge of attaining majority and there was an agreement executed between the parents of the victim and the petitioner that the marriage of the petitioner and the victim will be solemnized as soon as the victim attains majority. The agreement is marked as Annexure – 3 of the petition. The petitioner is only 19 years old and now a false case has been slammed against the petitioner.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the case diary against the petitioner.

¶6I have scrutinized the case diary. The merits of this case are not brought to the fore as investigation is still under progress.

¶7I have considered the length of detention and also considered the submission that the petitioner is a young lad and he is willing to cooperate with the remaining part of the investigation. The petitioner is a local resident and also he is not at flight risk. I have also considered the agreement submitted on behalf of the petitioner. Page No.# 3/3

¶8Considering all aspects and in view of my foregoing discussions, petition is allowed. The petitioner is enlarged on bail of Rs.50,000/- with one suitable surety of the like amount to the satisfaction of the jurisdictional court under the condition that: I. The petitioner shall not exercise threats to the witnesses or try to influence the witnesses; II. The petitioner shall not leave the jurisdiction of the court, without prior permission, till completion of trial, and III. The petitioner shall appear before the I/O on every fortnight till completion of the investigation.

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

¶10The bail application stands disposed of.

¶11Send back the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010191012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2829/2024 SADIQUE HUSSAIN S/O AKBAR ALI VILL- GOROIMARI, AMBAGAN P.S. AMBAGAN, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:MONUWARA BEGUM W/O NUR JAMAL VILL- 1 NO. BHATIYAKHALI P.S. RUPOHIHAT DIST. NAGAON ASSA Advocate for the Petitioner : MS. G BORAH, Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND