Allowed

Md. Subur Ali v. the State of Assam

Gauhati HC14 Feb 2022AB/185/2022

Case brief

AI extract

What is this about?

In this anticipatory bail application under Section 438 Cr.PC, the court examined the case diary regarding allegations against the petitioner involving a deaf and dumb major victim. The court held that provisions of the POCSO Act were not applicable due to the victim being major and IPC Section 376(B) was not applicable as the victim was not a separated wife. Consequently, the court declined the p

What did the court decide?

Pre-arrest bail granted on furnishing a bond of Rs.15,000/ - with a suitable surety of the like amount.

Md. Subur Ali Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010008542022

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

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Case No. : AB/185/2022

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MD. SUBUR ALI S/O LATE INNAS ALI R/O VILL- MOHGHULI P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. N N JHA Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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14-02-2022

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The Court proceedings have been conducted through Video-Conference due to Covid-19 pandemic.

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This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioner, namely, Md. Subur Ali, in connection with North Lakhimpur Police Station Case No. 1227 of 2021 , (corresponding to Special Case No. 104/2021 and GR Case No. 4320/2021), registered under Sections 376(B)/511 of the IPC, read with Section 12 of the POCSO Act .

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Page No.# 2/3

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Heard Ms. M. Sahoo, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, representing the State respondent.

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The case diary produced has been perused including the statement of the victim recorded by the learned Court below.

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The victim is a deaf and dumb girl. As per the materials in the case diary, she is major, therefore, the provision of the POCSO Act is not applicable in the instant case. So far Sections 376(B)/511 of the IPC are concerned, same are not applicable in view of the fact that there is no instance in the case diary that the victim is a married wife of the petitioner and is living separately at the time of the incident.

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Considering such materials in the case diary, this Court is of the view that this is not a fit case for grant of the privilege of pre-arrest bail. Accordingly, granted. Accordingly, it is provided that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on furnishing bail bond of Rs.15,000/- , with a suitable surety of the like amount, to the satisfaction of arresting authority.

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The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) shall appear before the Investigating Police Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;

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

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(c) shall not, directly or indirectly, make any inducement, threat or promise 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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Page No.# 3/3

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The anticipatory bail application stands disposed of accordingly.

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Return the case diary.

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JUDGE

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Comparing Assistant

Md. Subur Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Md. Subur Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

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