Ashraful Islam Bhuyan v. The State of Assam and Anr

ORDER Date : 10-01-2024

¶1Heard Mr. G. Chamuah, learned counsel for the petitioner Ashraful Islam Bhuyan and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent No. 1 State of Assam.

¶2The petitioner has filed this application under Section 438 of the Code of Criminal Procedure as he is apprehending arrest in connection with Abhayapuri Police Station Case No. 539/2023 under Sections 376/506 Indian Penal Code, R/W Section 4 of the POCSO Act and Section 67(A) of IT Act, corresponding to NGR No. 912/2023.

¶3The allegation against the petitioner is that the petitioner sexually assaulted the victim in the year 2020 and thereafter, the recorded video of sexual assault incident was made viral through social media platform. The incident of uploading the obscene video is alleged to have occurred on

09.12.2023.

¶4It is submitted on behalf of the petitioner that the incident of sexual assault occurred in the year 2020 but the victim did not lodge any FIR and it is this reason why the petitioner was granted interim bail. The petitioner has also appeared before the Investigating Officer and he has cooperated with the investigation. The petitioner's statement has been recorded.

¶5The learned Additional Public Prosecutor has raised objection stating that there are incriminating materials in the case diary against the present petitioner.

¶6I have considered the submissions at the bar that the FIR was lodged after three years of the incident but the instant case is relating to uploading the Page No.# 3/3 obscene video in the social media. I have considered the submission that the petitioner who was granted interim bail has appeared before the Investigating Officer and has cooperated with the investigation.

¶7A scrutiny of the case diary reveals that the petitioner has cooperated with the investigation which has progressed to a considerable extent.

¶8Considering all aspects, interim order dated 22.12.2023 is hereby made absolute.

¶9Send back the case diary

¶10The interim bail order dated 22.12.2023 is made absolute under the conditions that:

¶1The petitioner shall not go near vicinity of the victim,

¶2the petitioner shall not exercise threats to the witnesses and tamper with evidence,

¶3the petitioner shall refrain from such activities with which he is alleged.

¶11On breach of any of the bail conditions, bail order shall stand cancelled. Anticipatory Bail application stands disposed of in the above terms.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010284632023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/4242/2023o ASHRAFULoISLAMoBHUYANo S/OoLT.oFAZARoALIoBHUYANo R/OoVILL-oPIRADHARA,oPART-I,o P.O.oPIRADHARA,oP.S.oABHAYAPURIo DIST.oBONGAIGAON,oASSAMo PIN-783384 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPoBYoTHEoPP,oASSAM 2:TAPASHoCHANDRAoDAS oS/OoUNKNOWNo R/OoVILL-oPIRADHARA oPART-II o P.O.oPIRADHARA oP.S.oABHAYAPURIo DIST.oBONGAIGAON oASSAMo PIN-783384o PHONEoNO.o7664966299 o600372626o AdvocateoforotheoPetitionerooooo:oMRoGoCHAMUAHo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND