Badrul Islam Laskar and 4 Ors v. The State of Assam and Anr

ORDER Date : 20-12-2023

¶1Heard Mr. HRA Choudhury, learned Senior Counsel for the petitioners assisted by learned counsel Mr. M. Khan.

¶2The petitioners, namely, [1] Badrul Islam Laskar [2] Kamrul Islam Laskar [3] Nizam Uddin Laskar [4] Nazim Uddin Laskar and [5] Kabir Ahmed Laskar have filed this application under Section 438 Cr.PC, with prayer for pre-arrest bail, as they are apprehending arrest in connection with Lala PS Case No. 274/2023, under Sections 120(B)/506 IPC, read with Section 4 of POCSO Act. Page No.# 3/3

¶3Heard Mr. D P Goswami, learned Additional Public Prosecutor for the State of Assam and Mr. Y. Barbhuiya, learned counsel for respondent No. 2.

¶4Notices were issued to respondent No. 2.

¶5I have considered the submissions at the Bar with circumspection.

¶6It is submitted at the Bar that no case under the POCSO Act has been made out against the petitioners.

¶7The FIR unfolds that the accused Jabir Ahmed has committed an offence under POCSO Act. It is submitted that the petitioners restrained the victim's parents from lodging an FIR against the accused Jabir Ahmed.

¶8The learned Senior Counsel for the petitioners has submitted that the petitioners were willing to take action against the accused Jabir Ahmed but they were prevented by the victim's parents from taking action against the accused who has committed the offence under POCSO Act. The petitioners who are local residents are willing to co-operate with the investigation.

¶9I have perused the Case Diary. The contents of the Case Diary are not brought to the fore at this juncture. I have considered the submissions that the petitioners are local residents and are willing to co-operate with the investigation. I have also considered the submissions that the petitioners are not liable under a POCSO Act.

¶10Considering all aspects and in view of my foregoing discussions, petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on furnishing bail bond of Rs. 50,000/-each with a suitable surety of the like amount to the satisfaction of the arresting authority under the conditions that:-

i) the petitioners shall appear before the IO within 10 (ten) days and cooperate with the investigation;

ii) the petitioners shall also co-operate with the trial; and

iii) the petitioners shall not tamper with the evidence or exercise threats to witnesses. On breach of any of the bail conditions, bail order shall stand cancelled. Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010263532023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3982/2023o BADRULoISLAMoLASKARoANDo4oORSo S/OoLT.oMOYNULoHAQUEoLASKARo R/OoVILL-oAPPINoPT.IIo P.O.oAPPIN,o P.S.LALAo DIST.oHAILAKANDI,oASSAM 2:oKAMRULoISLAMoLASKAR oS/OoLT.oMOYNULoHAQUEoLASKARo R/OoVILL-oAPPINoPT.IIo P.O.oAPPIN o P.S.LALAo DIST.oHAILAKANDI oASSAM 3:oNIZAMoUDDINoLASKAR oS/OoLT.oISHAKoALIoLASKARo R/OoVILL-oAPPINoPT.IIo P.O.oAPPIN o P.S.LALAo DIST.oHAILAKANDI oASSAM 4:oNAZIMoUDDINoLASKAR oS/OoTAJMULoALIoLASKARo R/OoVILL-oAPPINoPT.IIo P.O.oAPPIN o P.S.LALAo DIST.oHAILAKANDI oASSAM Page No.# 2/3 5: KABIR AHMED LASKAR S/ONIZAM UDDIN LAKSAR R/O VILL- APPIN PT.II P.O. APPIN P.S.LALA DIST. HAILAKANDI ASSA VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:AFJOL HUSSAIN BARBHUIYA S/O ABDUL HASIM BARBHUIYA R/O VILL- APPIN PT.II P.O. APPIN P.S.LALA DIST. HAILAKANDI ASSAM PIN-78816 Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND