Allowed

Intajul Ali @ Intajul Hoque v. the State of Assam

Gauhati HC2 Sept 2022AB/1820/2022

Case brief

AI extract

What is this about?

This pre-arrest bail application in a POCSO case was disposed of. The court granted interim bail subject to the petitioner raising the plea of juvenility before the Juvenile Justice Board within 15 days in case of arrest.

What did the court decide?

Granted interim pre-arrest bail of Rs. 20,000/ with surety of like amount, liberty to raise plea of juvenility before JJ Board within 15 days if arrested.

Intajul Ali @ Intajul Hoque Vs the State of… — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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GAHC010129582022

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

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Case No. : AB/1820/2022

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INTAJUL ALI @ INTAJUL HOQUE S/O. KHAIBAR ALI, R/O. VILL. BARPANARA, P.S. RANGIA, DIST. KAMRUP, ASSAM.

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VERSUS

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THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MR G R A MOTTAQUEE

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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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02.09.2022

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Heard Mr. G.R.A. Mottaquee, learned counsel appearing for the petitioner. Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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This petition under Section 438 Cr.P.C., is filed for granting the privilege of prearrest bail to the petitioner, namely Intajul Ali @Intajul Hoque , apprehending

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arrest in connection with Rangia P.S. Case No. 618/2015 registered u/s 4 of the POCSO Act.

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The case diary, as called for, is placed before this Court.

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Mr. G.R.A. Mottaquee, learned counsel appearing for the petitioner, submits that the date of birth of the petitioner is 31.05.1997 and as such, during the month of February, 2015, that is, during the period of alleged occurrence, he was aged about 17 years 9 months. It is further submitted that the petitioner was being a child in conflict with law at the time of the incident, he may be given the privilege of pre-arrest bail subject to any condition(s).

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Mr. B.B. Gogoi, learned Addl. Public Prosecutor, submits that as per the Birth Certificate issued on 04.03.2016, that is, after the alleged occurrence and the Transfer Certificate, dated 11.06.2015, issued by Kamalpur High Madrassa, Baihata, the date of birth of the petitioner is 31.05.1997.

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The F.I.R. reveals the allegation that the present petitioner by promising to marry the niece of the informant committed sexual intercourse with her, for which she became pregnant. Although a village meeting was held in this regard the petitioner did not agree with the opinion of the village meeting.

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In view of the above plea of juvenility, this pre-arrest bail application is disposed of with liberty to the petitioner to appear before the learned Juvenile Justice Board, Kamrup and raise the aforesaid plea within 15 days from this order. Once the petitioner appears before the learned Board, the Board shall decide the question of juvenility as per the procedure laid down in the Juvenile Justice (Care and Protection of Children) Act and Juvenile Justice (Care and Protection of Children) Rules.

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Till then, in the event of arrest, the petitioner shall be released on interim prearrest bail of Rs.20,000/- with a suitable surety of like amount to the satisfaction of the arresting authority.

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Return the case diary.

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The anticipatory bail application stands disposed of.

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JUDGE

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Comparing Assistant

Intajul Ali @ Intajul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Intajul Ali @ Intajul Hoque v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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