Allowed

Jonab Ali v. the State of Assam

Gauhati HC3 Jun 2019Bail Appln./1386/2019

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to Jonab Ali in a POCSO case under Section 439 Cr.P.C., considering the length of detention of 72 days and the progress of investigation, directing his release on Rs. 30,000 bail with one surety.

What did the court decide?

Release of accused on bail of Rs. 30,000 with one surety of like amount subject to specific conditions regarding investigation cooperation and non-tampering with evidence.

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

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Page No.# 1/2

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GAHC010121712019

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln. 1386/2019

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1:JONAB ALI

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S/O KURJAT ALI, R/O VILL-BHOWKAMARI, P.S.-BARPETA, DIST-BARPETA, ASSAM

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VERSUS

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1:THE STATE OF ASSAM

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REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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Advocate for the Petitioner : MR. A U CHOUDHURY Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 03-06-2019

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Heard Mr. S. Islam, learned counsel for the accused-petitioner and Ms. SH Bora, learned Addl. P.P., Assam.

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By this second bail application filed under Section 439 Cr.P.C., the accused- petitioner, namely, Jonab Ali has prayed for release on bail, in connection with Barpeta PS Case No. 743 of 2018 (G.R. Case No. 1675/2018) registered under Section 365 of the IPC read with Section 4 of the POCSO Act.

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Mr. S. Islam, learned counsel for the accused, submits that the accused is behind the bar for last 72 days since he was remanded on 25.3.2019. Mr. Islam further submits that a bare perusal of the statement of the victim, who is a married lady aged about 20 years, indicates about her character and conduct in the society. Learned counsel further submits that the victim used to engage with many youths of the locality in the criminal activities and she was earlier married to one Sahidul Islam and as such, considering the overall facts of the

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Page No.# 2/2

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case, more particularly, the length of detention, his prayer for bail may be considered.

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Ms. SH Borah, learned Addl. Public Prosecutor, Assam, submits that as noticed in the previous order, dated 20.05.2019, passed in BA No. 795/2019, there is incriminating evidence against the accused. However, considering the length of detention and progress of investigation, as it appears from the various documents annexed to the bail application, the prayer for bail may be considered, subject to suitable conditions.

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The FIR shows that the accused is named therein and as per the previous order, mentioned above, there is abundance of incriminating evidence against the accused. The medical report as noted in the aforesaid previous order also shows that her age is above 16 years and below 18 years on the date of the alleged occurrence. However, considering the length of detention for past 72 days since he was remanded to judicial custody on 25.03.2019, this court finds that for the purpose of investigation of the case, further detention of the accused may not be necessary.

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Therefore, it is directed that the accused, named above, shall be released on bail of Rs. 30,000.00 with one surety of like amount to the satisfaction of the learned Special Judge (POCSO Act), Barpeta, Assam subject to the conditions (i) that the accused petitioner shall co-operate in the investigation as and when required; (ii) that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts and circumstances of the case from disclosing such facts and circumstances to the court; and (iii) that he shall not hamper or tamper with the evidence.

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This disposes off the bail application.

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JUDGE

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Comparing Assistant

Jonab Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jonab Ali v. the State of Assam

Case brief

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