The Gauhati High Court allowed the petitioner's bail application under Section 389 Cr.P.C. after noting that the victim and accused are living together as husband and wife with a child born to them, citing family interest.
Petitioner allowed to go on bail of Rs.20,000 with surety of like amount to the satisfaction of Sessions Judge, Karimganj.
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GAHC010056642019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.) 210/2019
1:SADIQUR RAHMAN S/O LATE ABDUS SABUR,
VILLAGE KABARIBON, PO AND PS PATHARKANDI, DIST KARIMGANJ, ASSAM 788724
VERSUS
1:THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM,
2:MD. SALIM UDDIN S/O MD. FAIZUR RAHMAN. VILLAGE KABARIBON PO AND PS PATHARKANDI DIST KARIMGANJ ASSAM 78872
Advocate for the Petitioner : MR H R A CHOUDHURY Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 02-09-2019
Heard the learned counsel for the applicant as well as the learned counsel for the State. Today the learned counsel for the respondent No.2 as well as the informant has also entered their appearance.
By way of this application under Section 389 Cr.P.C., the petitioner, namely, Sadiqur Rahman
has sought for bail and suspension of sentence in connection with Special Session Case
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No.8/2017 whereby the present accused petitioner has been convicted under Section 6 of POCSO Act, 2012 and sentence him to undergo RI for 10 years and also to pay a token fine Re.1/- in default RI for 1 day.
Learned counsel for the petitioner has led this Court through the evidence of the victim/PW-1 who has specifically stated in her evidence that she was in love and affection with the accused person and her family was against such affair and out of torture of her family member, she herself eloped with the petitioner and thereafter they entered into marriage and out of their wedlock one child was born and her age was at the verge of majority at that time.
I have gone through the LCR which has been produced before this Court and also the documents annexed.
There was a marriage between the parties and a child has also been born out of their wedlock on 29.03.2017. Having regard to the statement of the victim and as they are residing as a husband and wife, having children in between, it appears that the accused should be enlarged on bail for the interest of the family.
Accordingly, the accused/petitioner is hereby allowed to go on bail of Rs.20,000/- with surety of like amount to the satisfaction of learned Sessions Judge, Karimganj in connection with Special Session Case No.8/2017.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be enlarged on bail given that the victim and accused are currently living as husband and wife with a child born to them.
2 provisions across 2 enactments
Sadiqur Rahman
The State of Assam
Md. Salim Uddin
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
