Md. Asidul Ali @ Asidul Sk v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010274992023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4137/2023o MD.oASIDULoALIo@oASIDULoSKo S/OoKOBAJoALIo VILL-oJAOLIAPARAo P.O.oKOKRAJHARo P.S.oANDoDIST.oKOKRAJHAR,oBTR,oASSAM,oPIN-o7813370 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:HAFIJURoALIoPARAMANIK o(COMPLAINANT)o S/OoLATEoMAJIDoALIoPARAMANIKo VILL-oSONAMOYEEPARAo P.O.oRAINADABRIo P.S.oANDoDIST.oKOKRAJHAR oBTR oASSAM oPIN-781337o AdvocateoforotheoPetitionerooooo:oMR.oMoUoMAHMUDo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoSUSMITAoPHUKANoKHAUND ORDERo Dateo:oo11-01-2024 Page No.# 2/3

¶1Heard Mr. M.U. Mahmud, learned counsel for the petitioner.

¶2The petitioner Asidul Ali @ Asidul Sk has filed an application u/s 438 Cr.PC with prayer of pre-arrest bail as he is apprehending arrest in connection with Kokrjhar Police Station Case No. 347/2023 registered under Sections 366(A)/376 IPC, R/W – Section 6 of POCSO Act, 2012.

¶3Heard Ms. N. Das, learned Addl. P.P., Assam.

¶4The learned Addl. PP has raised objection.

¶5Notices were issued to the informant but notices were not accepted by the informant, so notices could not be served. The petitioner has filed an affidavit stating that the informant has not accepted notice as this case by the informant, minor victim and the petitioner has been mutually settled. The respondent No. 2 is not represented today.

¶6It is submitted on behalf of the petitioner that the incident occurred allegedly on

09.01.2023 whereas the FIR was lodged on 33.09.2023 i.e. after 8 months. Its admitted that the petitioner and the victim had a love relationship and the petitioner who promised to marry the victim did not marry as the victim was a minor. It is submitted on behalf of the petitioner that as the petitioner got married to another girl a false case has been lodged against him. The Annexure-2 clearly reveals the mutual agreement between the informant and the petitioner.

¶7The learned Addl. PP has raised objection stating that this is a case u/s 376 IPC as the petitioner who promised to marry the victim did not marry her. It is submitted that there are incriminating materials in the Case Diary against the present petitioner.

¶8I have scrutinised the Case Diary.

¶9The merits of the case are not taken to consideration at this juncture, and are not brought to the fore. I have considered the submission that the petitioner is a local resident and he has pledged to co-operate with the investigation. I have also considered the submissions at the Bar with circumspection. Investigation has also progressed to a considerable extent. It appears that custodial interrogation may not be required at this stage. Page No.# 3/3

¶10Considering all aspects, petition is allowed. In the event of his arrest the petitioner shall be enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that:- [i] The petitioner shall appear before the IO within 10 days from today and co-operate with the investigation; and [ii] the petitioner will not tamper with the evidence and not 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