Md. Ritul Ali v. The State of Assam and Anr

ORDER Date : 29-01-2024 Page No.# 2/2

¶1Heard Mr. S. Paul, learned counsel for the petitioner.

¶2The petitioner, namely, Md. Ritul Ali has filed this application u/s 438 Cr.PC with prayer of pre-arrest bail as he is apprehending arrest in connection with Tamulpur P.S. Case No. 182/2023 registered u/s 354(A)/376 of the Indian Penal Code, R/W Section 4 of the POCSO Act.

¶3Heard Mr. M.P. Goswami, learned Addl. PP, Assam.

¶4I have considered the submissions at the Bar.

¶5It is admitted by the learned counsel for the petitioner that the petitioner and victim have a love relationship and the victim has eloped with the petitioner. It is submitted on behalf of the petitioner that no case under the POCSO Act is made out as the victim has no allegation of sexual assault on her. It is submitted by the learned counsel for the petitioner that the victim is at present staying with the petitioner.

¶6The learned Addl. P.P. has submitted that consent of a minor under 15 years is no consent at all.

¶7I have also scrutinised the Case Diary.

¶8Investigation is still under progress. At this juncture petition with prayer for bail is rejected.

¶9Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010229102023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3525/2023 MD. RITUL ALI S/O MD. BHABA ALI R/O VILL- BARKAJULI P.S. TAMULPUR PIN-781367 DIST. BAKSA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SRI GANESH KISKU S/O SRI LAKHAN KISKU R/O VILL- RAGAPANI P.S. TAMULPUR PIN-781367 DIST. BAKSA ASSA Advocate for the Petitioner : MS F BEGUM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND