Allowed

Eusop Ali v. the State of Assam

Gauhati HC26 Nov 2019AB/3683/2019

Case brief

AI extract

What is this about?

In this pre-arrest bail application under Section 438 CrPC arising from an investigation under the POCSO Act and IPC, the Gauhati High Court granted bail subject to conditions including weekly appearances and prohibiting tampering with evidence or witnesses, noting that custodial interrogation was not necessary for the investigation.

What did the court decide?

Granted pre-arrest bail on bond of Rs. 20,000 with one surety, subject to conditions of weekly appearances for six weeks and abstinence from influencing witnesses or tampering with evidence.

Eusop Ali Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2019)

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Page No.# 1/3

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GAHC010256722019

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB 3683/2019

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1:EUSOP ALI

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S/O LALCHAN ALI, VILL. MAJER ALGA, P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM, PIN-783330

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VERSUS

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1:THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. R ALI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 26-11-2019

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Heard Mr. R. Ali, learned counsel for the petitioner. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor for the State.

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By this application under Section 438 of the Cr.P.C., the petitioner namely, Eusop Ali has prayed for pre-arrest bail apprehending his arrest in connection with Fakirganj P.S. Case No. 193/2017, registered under Section 376(2) (F)/511, I.P.C., read with Section 8 of the POCSO Act, 2012.

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Case diary called for, is received and the same is perused.

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The learned counsel for the petitioner has submitted that he is a neighbor of the informant and the school where the victim is studying, is at a distance of 1 Km from their houses. Thus, the allegation leveled against the petitioner that the victim from school had come to the house of the petitioner to fetch drinking water is incorrect. The petitioner has submitted that there is a pending dispute between the petitioner and the father of the victim i.e. the informant in respect of borrowing of money by the informant and thereafter, refusal to return the amount. A village meeting was also held in that regard.

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I have perused the materials available in the case diary including the statements of the victim recorded under Section 164, CrPC.

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Having considered the same, this Court is of the view that custodial interrogation of the petitioner in connection with Fakirganj P.S. Case No. 193/2017, is not necessary for the purpose of further investigation of the case.

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In view of the same, it is provided that if the petitioner is arrested in connection with Fakirganj P.S. Case No. 193/2017, he shall be released on furnishing a bail bond of Rs.20,000/- with one suitable surety of the like amount, to the satisfaction of arresting authority.

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The petitioner shall appear before the investigating authority during the period of investigation, once in a week for the next 6 (six) weeks and, thereafter as and when he is called by the investigating authority.

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The direction for pre-arrest bail is subject to conditions with the petitioner:-

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(1) shall not hamper with the investigation, or tamper with the evidence of the case; &

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(2) shall not, directly or indirectly, make any inducement, threat or premise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.

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The bail application stands disposed of in the aforesaid terms.

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Return the case diary.

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JUDGE

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Page No.# 3/3

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Comparing Assistant

Eusop Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Eusop Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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