Abdul Mannan v. The State of Assam and Anr

ORDER Date : 22.12.2023 Heard Mr. K.H. Saikia, learned counsel for the petitionerAbdul Mannan. Page No.# 2/3

¶2The petitioner has filed this application under Section 439 Cr.P.C., with prayer for bail as he is in jail since 24.06.2023 in connection with Special Case No. 33/2023 under Sections 342/376(3) IPC read with Section 4 of the POCSO Act arising out of South Salmara P.S. Case No. 180/2023 under Sections 342/376(3)/511 IPC read with Section 8 of POCSO Act pending in the Court of Special Sessions Judge, POCSO, South Salmara, Mankachar.

¶3Heard Mr. B.B. Gogoi, learned Addl. P.P., Assam for the State respondent No. 1 and Mr. M. Islam, learned counsel for the respondent No. 2. Mr. Gogoi and Mr. Islam have raised objection to the prayer for bail of the petitioner.

¶4It is submitted on behalf of the petitioner that the petitioner will abide by any bail conditions if imposed upon him. It is submitted that the petitioner is languishing in jail for more than 180 days.

¶5The petitioner is a teacher of Banat Madrssa and the victim who was 13 years old was a student in the said Madrassa. On 08.06.2023 around 5-20 PM the petitioner took the victim to the market and committed sexual assault upon the victim who was only 13 years old. After investigation charge-sheet was laid by the Investigating Officer. It is submitted that the petitioner is a local resident and he is willing to co-operate with trial. I have considere the submissions on behalf of the petitioner.

¶6Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of the like amount to the satisfaction of the learned Special Sessions Judge, POCSO, South Salmara, Mankachar subject to the conditions that : i. The petitioner shall not go near the vicinity of the victim; Page No.# 3/3 ii. The petitioner shall not hamper and tamper with the evidence of the case; iii. The petitioner 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 from disclosing such facts to the Court or to any Police Officer; iv. The petitioner shall not leave the territorial jurisdiction of the concerned Police Station without prior permission of the Investigating Officer; v. The petitioner shall refrain from such activities with which he is alleged failing which, his bail will be cancelled. The bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010233272023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3769/2023 ABDUL MANNAN S/O KERAMAT ALI VILL- DHAPGURI KURALBHANGA PT.II P.O. KALAPANI, P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135 VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MD. APTAR HUSSAIN S/O SOLEMAN TALUKDAR VILL- CHATIBHUI P.S.MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 Advocate for the Petitioner : MR. K H SAIKIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND