Ashidul Fakir @ Rashidul Islam v. The State of Assam and Anr

ORDER

13.02.2024 Heard Mr M A Mondal, learned counsel for the petitioner, Ashidul Fakir @ Page No.# 2/3 Rashidul Islam.

¶2The petitioner has filed this application under Section 438 CrPC, with prayer for bail, apprehending his arrest in connection with Gossaigaon PS Case No. 169/2023, corresponding to GR Case No. 187/2023, under Sections 363/368 IPC, read with Section 4 of the POCSO Act, 2012.

¶3Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam.

¶4Notice has been issued to the respondent No. 2. Office Note dated 07.02.2023 indicates that notice has been served on the respondent No. 2. However, the respondent No. 2 is not represented.

¶5The allegation against the petitioner is that the petitioner induced the minor victim-'X', to go with him and he committed sexual assault on the victim.

¶6I have also scrutinized the Case Diary.

¶7It is admitted by the learned counsel for the petitioner that there was a love affair between the petitioner and the victim went with the petitioner on her own volition.

¶8A scrutiny of the Case Diary reveals that investigation has progressed to a considerable extent.

¶9The petitioner is also 19-years-old.

¶10I have considered the age and the antecedent of the petitioner.

¶11The petitioner is a local resident and he is not a flight risk. Page No.# 3/3

¶12It appears that custodial interrogation may not be required for the progress of investigation. The statement of the victim is also recorded under Section 164 CrPC.

¶13Considering all aspects and in view of my foregoing discussions, 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 the like amount to the satisfaction of the arresting authority under the conditions that:-

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

ii) the petitioner shall not exercise threats to the witnesses. On breach of the aforesaid bail condition, the bail order shall stand cancelled.

¶14Bail Application stands disposed of.

¶15Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010280542023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4191/2023 ASHIDUL FAKIR @ RASHIDUL ISLAM S/O ABU BAKKAR SIDDIK @ SIDDIK ALI, VILL.- BALAPARA PART- I, P.O.- SAPATGRAM, P.S.- GOSSAIGAON, DIST.- KOKRAJHAR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE P.P., ASSAM. 2:CHAND BANU KHATUN W/O INSAN ALI VILL.- RENGNERBHITA P.O.- TULSHIBIL P.S.- GOSSAIGAON DIST.- KOKRAJHAR (BTR) ASSAM PIN- 783337 Advocate for the Petitioner : MR. M A MONDAL Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND