Monirul Islam and 2 Ors v. The State of Assam and Anr

ORDER Date : 28.10.2024 Heard Mr. M.Z.Shah, learned counsel for the petitioners as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent No.1. This application under section 482 of the Bharatiya Nagarik Surakshya Sanhita, 2023 has been filed by the petitioners, namely 1. Monirul Islam, 2. Roushan Zilal @ Roushan Jalal and 3. Bablu Sk. @ Babul Sheikh praying for pre-arrest bail apprehending arrest in connection with Sukchar P.S. Case No. 50/ 2024 under Section 137(2)/65(i)/115(2)/3(5) of the BNS read with Section 6 of the POCSO Act. Case diary is received. Learned counsel for the petitioners submits that the present petitioners who are the brother of the accused No. 1, as per the FIR, has committed the offence of alleged rape on the victim. The allegation against the present petitioners is that they assaulted the victim and as a result of which, she sustained simple injury on her person. Under such backdrop, the benefit of pre-arrest bail be extended to the petitioners. Learned Addl.P.P. has produced the case diary and submits that though it is alleged in the FIR that the petitioners had assaulted the victim but as per Page No.# 3/4 medical report, no injury was found on the person of the victim. I have perused the case diary. In the backdrop of facts as emerged from the case diary, this Court finds it not expedient for custodial interrogation of the petitioners as aforesaid. In view of the above, the prayer for anticipatory bail is hereby granted. Accordingly, it is provided that in the event of arrest of the petitioners, named above, they shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/-( Thirty Thousand ) each with one surety each of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioners shall appear before the Investigating Officer within 10 days from today failing which, on the 11th day, the anticipatory bail order shall automatically expire;

(ii) That the petitioners shall co-operate with the investigation as and when required;

(iii) That the petitioners 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/her from disclosing such facts to the Court or to any police officer. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Page No.# 4/4 Comparing Assistant

PageoNo.#o1/4 GAHC010206282024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2639/2024o MONIRULoISLAMoANDo2oORS.o S/OoMONNAFoALIo R/OoVILL-oBAROBALU,oP.O.oHAZIRHAT,P.S.oSUKCHAR,oDIST.oSOUTHo SALMARAoMANKACHAR,oASSAM,oPIN-783128 2:oROUSHANoZILALo@oROUSHANoJALAL oS/OoMONNAFoALIo R/OoVILL-oBAROBALU oP.O.oHAZIRHAT P.S.oSUKCHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-783128 3:oBABLUoSK.o@oBABULoSHEIKH oS/OoMONNAFoALIo R/OoVILL-oBAROBALU oP.O.oHAZIRHAT P.S.oSUKCHAR oDIST.oSOUTHoSALMARAoMANKACHAR oASSAM oPIN-78312o VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:MRS.oXXXXXXXX oW/O-oABDULoBATENoSHEIKHo VILL-oBAROBALU oP.O.-oHAZIRHAT oP.S.-oSUKCHAR oDIST-oSOUTHoSALMARAoMANKACHAR Page No.# 2/4 ASSAM PIN-78312 Advocate for the Petitioner : MR M Z SHAH, MD P RAHMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI