Jahidul Hussain v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010000062024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oBailoAppln./4354/2023 JAHIDULoHUSSAIN S/OoMDoSORIFULoISLAMoR/Oo2oNO.oBALIJANoPS.oBOGIJANoDIST.oGOLAGHATo ASSAM oVERSUS THEoSTATEoOFoASSAMoANDoANR REPoBYoTHEoPP oASSAM 2:LASUoMURA S/OoNANDALALoMURAoR/OoNO.o2oPURAJANGALoP.SoBOGIJANoDIST.o GOLAGHAT o------------ oAdvocateoforo:oMRoBoPoBORAH Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Dateo:oo18-01-2024 o Page No.# 2/3

¶1Heard Mr. P.J. Dutta, learned counsel for the petitioner.

¶2This application under Section 439 Cr.P.C, is preferred by the petitioner, namely, Jahidul Hussain who is in judicial custody since 23.02.2023 in connection with Special (POCSO) Case No. 14/2023 arising out of Bogijan P.S. Case No. 03/2023 registered under Section 376(DA) of POCSO Act.

¶3Heard Mr. B.B. Gogoi, learned Addl. PP who has raised objection against the bail petition.

¶4The FIR unfolds that on 15.02.2023, the victim 'X' went to watch theatre at Bogijan. As she went out of the theatre, taking advantage of the darkness some miscreants stopped her and committed rape on her. It is submitted that the present petitioner was not incriminated in her statement u/s 164 Cr.PC, made by the victim.

¶5Notice was issued to the respondent No. 2, who has received the notice but is not represented today.

¶6The learned counsel for the petitioner has submitted a copy of the notice with the signature of the respondent No. 2. This copy will form a part of this record.

¶7I have perused the scanned copies of the LCR. I have also considered the submissions at the Bar with circumspection. Two witnesses including the informant have been examined. The evidence of the victim has already been recorded by the trial Court. The petitioner was behind bars since 23.02.2023. The petitioner has pledged to co-operate with the trial. The petitioner has submitted that he is innocent and has been falsely implicated. The learned counsel has also prayed for bail on the ground of parity. I have also considered the submission that the petitioner is a local resident.

¶8Considering all aspects and in view of my foregoing discussions, 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 Judge (POCSO), Golaghat under the conditions that:- i] the petitioner shall not go near the vicinity of the victim; and ii] the petitioner shall not exercise threats to the witnesses and tamper with the evidence. Page No.# 3/3 On breach of any of the bail conditions, bail order shall stand cancelled. Accordingly, bail application stands disposed of.

JUDGE Comparing Assistant