Sahidul Ali @ Shahidul Islam v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010247982023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3973/2023o SAHIDULoALIo@oSHAHIDULoISLAMo S/OoFULCHANoALI,oP/R/OoVILL-CHATAoGAON,oP.S.-TARABARI,oDIST-BARPETAo(ASSAM),oPIN-781305 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:DINESHoCH.oDAS oS/OoLATEoANANDIoRAMoDAS oR/OoVILL-BAHARI oP.S.-TARABARI oDIST-BARPETAo(ASSAM) oPIN-781302o(INFORMANTo AdvocateoforotheoPetitionerooooo:oJoUoAHMEDo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Dateo:oo16-11-2023 Heard1Mr.1J.U.1Ahmed,1learned1counsel1for1the1accused/petitioner.1Also heard 1 Mr. 1 R.J. 1 Barua, 1 learned 1 Additional 1 Public 1 Prosecutor 1 for 1 the Page No.# 2/3 State/respondent. This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Sahidul Ali @ Shahidul Islam, in connection with Tarabari P.S. Case No. 80/2023, registered under Sections 9/11 of the Prohibition of Child Marriage Act, 2006 r/w Sections 6/17 of POCSO Act. The learned counsel for the petitioner has submitted that the petitioner was arrested on 03.10.2023 and since then, the petitioner has been languishing in jail hazot. The petitioner got married to the victim girl after attaining majority and now the victim girl is carrying a child. It is also submitted that there is no allegation against the present petitioner that he committed any offence like sexual assault towards the victim which falls under the provision of POCSO Act. Considering the period of detention, the petitioner may be enlarged on bail. On the other hand, Mr. Barua, learned Additional Public Prosecutor has opposed in granting the privilege of bail to the petitioner. I have considered the submissions made by the learned counsel for the parties. It appears that the FIR was lodged by one Dinesh Chandra Das, who is not related to the victim or her family members. It appears that the petitioner got married to the victim girl on attaining majority in support of which the learned counsel for the petitioner has submitted a school certificate which reveals that the date of birth of the victim girl is 06.05.2004 and according to the learned counsel for the petitioner the marriage was held on 10.08.2022. It transpires that the victim girl was above 18 years of age when the marriage took place. It further reveals that there is no allegation against the petitioner that he had committed any offence which comes under the purview of POCSO Page No.# 3/3 Act. Considering the nature of offence as well as length of detention of the petitioner, this Court is of the view that further custodial interrogation of the petitioner is not necessary. Hence, the prayer for bail is allowed. Accordingly, the petitioner, named above, shall be released on bail in connection with Tarabari P.S. Case No. 80/2023, registered under Sections 9/11 of the Prohibition of Child Marriage Act, 2006 r/w Sections 6/17 of POCSO Act, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned Special Judge, Barpeta. The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Barpeta without prior written permission from him/her;

(b) 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. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant