Single bench order granting absolute pre-arrest bail to petitioner facing IPC and POCSO charges for facilitating rape. Court noted petitioner cooperated with investigation and no mis USE of liberty.
Petitioner granted pre-arrest bail; interim order dated 17.09.2021 made absolute.
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GAHC010134892021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2788/2021
DEWAN HASANUR ZAMAN @ HASANUR DEWAN S/O DEWAN SOBDER ALI @ DARBESH DEWAN R/O MOIRAKUCHI PART-I, P.O. AIRKATA P.S. FAKIRGANJ DIST. DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
11-11-2021
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Dewan Hasanur Zaman @ Hasanur Dewan, apprehending arrest in connection with Dhubri Police Station Case No. 658 of 2021 , registered under Sections 120(B)/417/376/506 of the IPC, read with Section 4 of the POCSO Act .
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Heard Mr. H.R.A. Choudhury, learned senior counsel appearing for the petitioner and Mr. BB. Gogoi, learned Additional Public Prosecutor, Assam for the Respondent State.
The case diary produced has been perused including the statement of the victim recorded under Section 164 of the Cr.P.C.
In her such statement, she has alleged commission of rape on her by the accused No. 1 as named in the FIR. So far the present petitioner is concerned, the allegation against him is of facilitating commission of rape on her by standing outside the room where the offence was allegedly committed.
Considering the nature of involvement of the petitioner with the offence alleged and the fact that he has appeared before the Investigating Police Station and his statement has been recorded and that he has not misused the liberty granted to him; rather, he has co-operated with the investigation of the case. That being so, the petitioner is granted the privilege of pre-arrest bail. Accordingly, the interim protection granted to the petitioner vide order dated 1709-2021, is made absolute on the same terms and conditions. The petition stands disposed of accordingly.
Return the case diary.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether to grant pre-arrest bail to the petitioner apprehending arrest in connection with charges of facilitating commission of rape.
Whether the petitioner has sufficient grounds not to be granted bail in view of the nature of the offence.
Whether the interim bail granted earlier should be made absolute.
4 provisions across 3 enactments
Dewan Hasanur Zaman @ Hasanur Dewan
The State of Assam repr. by the PP, Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
