Allowed

Ador Ali @ Jahan Uddin and 2 Ors. v. the State of Assam

Gauhati HC2 Mar 2022AB/259/2022

Case brief

AI extract

What is this about?

The Court granted pre-arrest bail to three petitioners in a POCSO case. After reviewing the victim's statement recorded under Section 164 CrPC, which denied the allegations, the Judge held it a fit case for bail and directed appearance before the investigating officer within seven days.

What did the court decide?

Granted pre-arrest bail; directed petitioners to appear before IO within 7 days; fixed bail bond of Rs. 10,000 each with surety.

Ador Ali @ Jahan Uddin and 2 Ors. Vs the State… — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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GAHC010014012022

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

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Case No. : AB/259/2022

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ADOR ALI @ JAHAN UDDIN AND 2 ORS S/O GAFUR ALI @ GAFUR PARAMANIK R/O VILL- DUDHNATH HILL, P.S. CHAPAR,DIST. DHUBRI, ASSAM, PIN783348

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2: SHRI AYNAL HOQUE @ AYNAL PARAMANIK SON OF GAFUR ALI @ GAFUR PARAMANIK R/O VILL- DUDHNATH HILL P.S. CHAPAR DIST. DHUBRI ASSAM PIN-783348

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3: SHRI PANBOR ALI @ ANOWAR HUSSAIN S/O TAHER ALI R/O VILL- DUDHNATH HILL P.S. CHAPAR DIST. DHUBRI ASSAM PIN-78334

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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. P K DEKA

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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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Date : 02-03-2022

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Heard Mr. PK Deka, learned counsel for the petitioners. Also heard Mr. RR Kaushik, learned Additional Public Prosecutor appearing for the State respondent.

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This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the accused-petitioners, namely, 1. Shri Ador Ali @ Jahan Uddin, 2. Shri Aynal Hoque @ Aynal Paramanik and 3. Shri Anbor Ali @ Anowar Hussain, in connection with Chapar PS Case No. 86/2021 registered under Section 366(A) of the IPC read with Section 4 of the POCSO Act.

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In accordance with the order, dated 15.02.2022, Mr. Kaushik, learned Additional Public Prosecutor has produced before this Court the copy of statement of the victim recorded under Section 164 of the Cr.PC.

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On perusal of the statement so produced, it is found that the victim has categorically stated that no offence has been committed with her by the petitioners, as alleged. There is no whisper in her such statement that any offence as alleged is committed by the petitioners upon her. That being so, this is a fit case to grant the privilege of pre-arrest bail to the petitioners.

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The petitioners shall appear before the Investigating Police Officer within 7 (seven) days from today so as to enable the Investigating Police Officer to record their statements, and, in the event of their arrest, they shall be released on furnishing a bail bond of Rs. 10,000/- each with a suitable surety each of the like amount to the satisfaction of the arresting authority, on the conditions:-

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The petitioners shall not leave the territorial jurisdiction of

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the aforesaid police station, without prior written permission from its officer-in-charge,

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The petitioners shall not hamper with the investigation, or tamper with the evidence of the case, and

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The petitioners 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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The petition stands disposed of accordingly.

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JUDGE

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Comparing Assistant

Ador Ali @ Jahan Uddin and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Ador Ali @ Jahan Uddin and 2 Ors. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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