Md Amzad Ali v. The State of Assam and Anr

ORDER

09.10.2023 Heard Mr. S. Borthakur, learned counsel for the applicant and also heard Mr. K.K. Page No.# 2/3 Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

¶2Apprehending arrest in connection with Changsari P.S. Case No.308/2023, under Section 376 IPC read with Section 4 of the POCSO Act, this application, under Section 438 Cr.P.C., is preferred by applicant, namely, Md. Amzad Ali, for grant of pre-arrest bail.

¶3It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one Smt. X (name withheld), aged 17 years, on 14.09.2023. The essence of allegation made in the said FIR is that on 12.09.2023 her relative brother Hanif Ali left her at Changsari market, but he did not come to pickup her and at about 9:00 p.m. one person taken her to his house assuring that on the next day morning he will make necessary arrangement for sending her to her native place and provided her one room behind his house and at about 11:00 p.m. at night while she was sleeping in the said room, the person entered into her room and committed rape upon her under threat.

¶4Mr. Borthakur, learned counsel for the applicant submits that the applicant is innocent and no way involved with the offence alleged in the FIR and that there is delay in lodging the FIR and also that the victim girl has refused to undergo medical examination and she was recovered from a different place and that the applicant is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition.

¶5On the other hand, Mr. K.K. Das, learned Additional P.P. has produced the case diary before this Court and submits that the I.O. has collected materials against the applicant.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the case diary with the assistance of Mr. Das, learned Additional P.P.

¶7In view of the materials collected so far in the case diary, specially the statement of the victim girl recorded under Section 161 as well as under Section 164 Cr.P.C. and also Page No.# 3/3 the statements of other witnesses recorded till date, this Court is of the view that this is not a fit case where the privilege of pre-arrest bail can be granted to the applicant. Accordingly, this anticipatory bail application stands dismissed.

¶8Case diary be returned. Comparing Assistant Sd/- Robin Phukan JUDGE

Page No.# 1/3 GAHC010215832023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3305/2023 MD AMZAD ALI S/O ALI HUSSAIN R/O DAUPATARI BAZAR P.O. AND P.S. CHANGSARI DIST. KAMRUP VERSUS THE STATE OF ASSAM AND ANR REP. HEREIN BY ITS PP, ASSAM 2:XXX FATHER- JIAUR RAHMAN VILL- SUNGABUDI P.S. ORANG DIST. UDALGURI ASSA Advocate for the Petitioner : MR S BORTHAKUR Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN