Mofidul Islam v. The State of Assam

ORDER

11.03.2024

Heard Mr. B. Chowdhury, learned counsel for the applicant and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2This application, under Section 438 of the Code of Criminal Procedure, is preferred by applicant namely, Mofidul Islam, who has been apprehending arrest in connection with Panbari P.S. Case No. 44/2023, under Sections 417/376 of the IPC, for grant of pre-arrest bail. Page No.# 2/3

¶3It is to be noted here that the said case has been registered on the basis of one F.I.R., lodged by one Johur Uddin, on 01.07.2023. The essence of allegation made in the FIR is that on 29.06.2023, at about 8 pm, one Mofidul Islam committed rape upon his daughter in the sugarcane field.

¶4Mr. Chowdhury, learned counsel for the applicant submits that this is the second anticipatory bail application preferred by the applicant and the earlier one was rejected by this Court, vide order dated 22.08.2023, in AB No. 2533/2023. Mr. Chowdhury further submits the applicant is ready to cooperate with the investigating agency and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Barua, learned Additional Public Prosecutor submits that he has not received the case diary, but he has the instruction that the I.O. has already completed investigation and laid Charge-Sheet against the applicant, under Section 376 of the IPC, vide Charge-Sheet No. 60/2023, dated

16.02.2024.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition as well as the documents placed on record.

¶7It appears that the I.O. has already completed investigation and laid Charge-Sheet against the applicant, under Section 376 of the IPC, vide Charge-Sheet No. 60/2023, dated 16.02.2024.

¶8Since the case has already been charge sheeted, this court is inclined to dispose of this anticipatory bail application by directing the applicant to appear before the learned CJM, Chirang on or before 01.04.2024, and to apply for regular bail and in event of filing such an application, the learned Court below shall consider the same in accordance with law.

¶9In the interim, it is provided that in the event of arrest of the applicant Page No.# 3/3 in connection with Panbari P.S. Case No. 44/2023, under Sections 417/376 of the IPC, he shall be released on pre-arrest bail on his executing a bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the arresting authority, till his appearance before the learned Court below on or before

01.04.2024.

¶10The above privilege is however subject to the following conditions:-

[i] The applicant shall appear before the court of learned CJM, Chirang, on or before 01.04.2024; and

[ii] The applicant shall not leave the jurisdiction of the learned court below without prior permission;

¶11In terms of above, this AB stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010271012023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4084/2023 MOFIDUL ISLAM S/O FULU DDIN @ FULAR UDDIN R/O VILL- GOREMARI NO. 2, P.S. CHIRANG DIST. CHIRANG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN