Azizur Rahman v. The State of Assam and Anr

ORDER

29.01.2024

Heard Mr. A. Das, learned counsel for the accused and Mr. R.J. Barua, learned Additional Public Prsecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Azizur Rahman, who has been languishing in jail hazot in connection with the Bilasipara P.S. Case No. 415/2023, under Sections 376[D]/325 of the IPC, read with Section 6 of the POCSO Act, for granting bail.

¶3The said case has been registered on the basis of an FIR lodged by ASI Birendra Nath Roy, on 26.10.2023. The essence of allegations made in the FIR is that on 24.10.2023, at about 6 pm, one Azizur Rahman along with two unknown persons, kidnapped one Smti 'X' [name withheld], aged 17 years, and taken her to a backyard of school and committed rape upon her.

¶4Mr. Das, learned counsel for the accused submits that the accused was arrested on 28.10.2023, and since then he has been languishing in jail hazot for last 93 days and till date no charge sheet has been submitted by the IO and as such, he is entitled to default bail.

¶5On the other hand Mr. Barua, learned Additional Public Prosecutor while not dispute the submission of Mr. Das, learned counsel for the accused, submits that till date no charge sheet has been submitted by the IO and the case diary is lying with him.

¶6Having heard the submissions of learned counsel for both the Page No.# 3/3 parties, I have carefully gone through the records and the documents placed on record.

¶7It appears that the accused was arrested on 28.10.2023, and since then he has been languishing in jail hazot for last 93 days and till date no charge sheet has been submitted by the IO. The case has been registered under Sections 376[D]/325 of the IPC, read with Section 6 of the POCSO Act and the mandatory period of detention is 90 days. As such, the accused is entitled to default bail under Section 167[2] Cr.P.C.

¶8Accordingly it is provided that on furnishing a bond of Rs. 50,000/- only with one surety of like amount to the satisfaction of the learned Special Judge, POCSO Act, Bilasipara the accused be enlarge on bail.

¶9In terms of above this BA stands disposed of.

¶10The case diary be returned.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010271782023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./4511/2023o AZIZURoRAHMANo S/OoJALALUDDINoAHMED,o VILL.-oGOPIGAON,oP.S.-oBILASIPARA,oDIST.-oDHUBRI,oASSAM,oPIN-o781366. VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REP.oBYoTHEoP.P.,oASSAM. 2:BIRENDRAoNATHoROY oASIoOFoPOLICE oBILASIPARA oP.S.-oBILASIPARA oDIST.-oDHUBRI. 3:ELINAoBEGUM oD/OoOMARoALIo R/OoVILLo-oDIPARKUTIo PSo-oBILASIPARAo DIST-oDHUBRI oASSAMo PINo-o78334o AdvocateoforotheoPetitionerooooo:oMR.oPoDEKAo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN