Nurul Amin v. The State of Assam and Anr

ORDER

09.01.2024 Heard Mr M U Mahmud, learned counsel for the petitioner, Nurul Amin and Ms N Das, learned Additional Public Prosecutor for the State of Assam. Also heard Mr P Page No.# 2/3 Borah, learned counsel for the respondent No. 2.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Rupahihat PS Case No. 49/2023, under Sections 366/376/34 IPC, read with Section 4 of the POCSO Act, 2012.

¶3The learned counsel for the respondent No. 2 has no objection.

¶4I have considered the submissions at the Bar. I have also perused the Case Diary.

¶5The FIR was lodged by the victim's father, Mojibur Rahman that, the accused No. 1 (named in the FIR) kidnapped the victim and committed sexual assault on her. The accused No. 2, present petitioner herein, confined the victim in his house.

¶6It is submitted on behalf of the petitioner that he is the accused No. 2, named in the FIR. His name and address was erroneously written and so a clarification has been made by an additional affidavit submitted by the petitioner.

¶7It is also submitted on behalf of the petitioner that the accused No. 1 is married to the victim and accused No. 2 had provided shelter to the victim.

¶8This is not a case under the POCSO Act as the victim has eloped with the accused No. 1 and at present, she is married to the accused No. 1.

¶9Investigation has progressed to a considerable extent.

¶10It appears that custodial interrogation may not be required in this case.

¶11The petitioner has made out a prima facie case for pre-arrest bail. Page No.# 3/3

¶12Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail of Rs. 50,000/-, with a suitable surety of the like amount to the satisfaction of the arresting authority, under the conditions that-

i) the petitioner shall appear before the IO within 10 days and cooperate with the investigation, and

ii) the petitioner shall not exercise threats to the witnesses. On breach of any of the bail conditions, the bail order shall stand cancelled.

¶13Anticipatory Bail Application stands disposed of.

¶14Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010243312023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3682/2023 NURUL AMIN S/O ABDUS SALAM, VILL.- JARATHANI, P.S.- RUPAHI, DIST.- NAGAON, ASSAM, PIN- 782125. VERSUS THE STATE OF ASSAM AND ANR. REP. BY P.P., ASSAM. 2:MOJIBAR RAHAMN S/O LT. KHURSHED ALI VILL.- TELIACHAPORI TUP P.S.- RUPAHIHAT DIST.- NAGAON ASSAM PIN- 782125 Advocate for the Petitioner : MR. M U MAHMUD Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND