Allowed

Imran Hussain and Anr. v. the State of Assam

Gauhati HC6 Dec 2022AB/2976/2022

Case brief

AI extract

What is this about?

The Gauhati High Court considered an application for pre-arrest bail under Section 438 CrPC filed by two accused persons facing charges of sexual assault under Section 376 IPC. The court found a case for granting bail and imposed specific conditions.

What did the court decide?

Pre-arrest bail granted with bail bond of Rs. 10,000 and conditions regarding appearance, non-interference, and cooperation in investigation and trial.

Imran Hussain and Anr. Vs the State of Assam — Anticipatory Bail | Gauhati HC (2022)

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Page No. 1/4

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GAHC010206532022

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

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Case No. : AB/2976/2022

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IMRAN HUSSAIN AND ANR SON OF ABDUR RAHIM R/O 2 NO. PUBERGAON, P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM

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2: SAMIDA KHATUN @ SHEBENI W/O ABDUR RAHIM R/O 2 NO. PUBERGAON P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR 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 Z HUSSAIN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 06-12-2022

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Heard Mr. R. Islam, learned counsel for the petitioners and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of Assam.

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Page No. 2/4

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By this application under Section 438, Code of Criminal Procedure, 1973 [CrPC], the petitioners viz. [1] Imran Hussain and [2] Samida Khatun @ Shebeni have approached this Court seeking the benefit of pre-arrest bail, apprehending their arrest, in connection with Mankachar Police Station Case no. 288/2022, registered under Section 376, Indian Penal Code [IPC]

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In the First Information Report [FIR] lodged on 23.09.2022, the informant has stated that she had love affairs with the petitioner no. 1 for about 4 [four] years. During the period of said romantic relationship, the petitioner no. 1 had also indulged her in entering into sexual act without her consent. On 20.09.2022, the petitioner no. 2 i.e. the mother of the petitioner no. 1 had arranged the marriage of the petitioner no. 1 with another woman. According to the informant, the petitioner no. 1 had promised to marry her on 10.10.2022 in presence of witnesses.

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Mr. Goswami, learned Additional Public Prosecutor has produced the concerned case diary wherein the statement of the informant recorded under Section 164, CrPC is also available. In her statement, the informant has reiterated the version already stated in the FIR.

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Having perused the contents of the FIR as well as the statement of the informant recorded under Section 164, CrPC, it is evident that the informant and the petitioner no. 1 had romantic relationship for about period of 4 [four] years and during the subsistence of such relationship, they also entered into physical relationship. There is prima facie no allegation to the effect that there was false promise of marriage prior to entering into the physical relationship.

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Having regard to the materials available in the case diary, this Court is of the considered view that the petitioners have been able to make out a case for extension of the benefit of pre-arrest bail under Section 438, CrPC. The petitioner no. 2 was already granted interim protection by order dated 13.09.2022 with a further direction to appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from 13.09.2022. The materials

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Page No. 3/4

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in the case diary go to show that the petitioner no. 2 in compliance of the order dated 13.09.2022, has appeared before the I.O. of the case. Her statement has already been recorded by the I.O. and the said statement is available in the case diary.

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Accordingly, while making the interim protection granted to the petitioner no. 2, Samida Khatun @ Shebeni vide order dated 30.09.2022 absolute, it is provided that in the event of arrest of the petitioner no. 1 viz. Imran Hussain in connection with Mankachar Police Station Case no. 288/2022, he shall be released on bail on furnishing a bail bond of Rs. 10,000/- with one local surety of the like amount, to the satisfaction of the arresting authority.

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The pre-arrest bail granted to the petitioners are subject to the conditions that :

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[i] the petitioners shall appear before the Investigating Officer [I.O.] of the case within 7 [seven] days from today and shall cooperate with the investigation and shall thereafter, make themselves available as and when their presence is required by the I.O. in the investigation of the case;

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[ii] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer;

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[iii] the petitioners no. shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.

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[iv] the petitioners shall maintain law and order and they shall not commit an offence similar to the offence of which they are accused, or of the commission of which they are suspected; and

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[v] the petitioners shall regularly remain present during the trial and co-operate the Court to complete the trial for the above offences, if charge sheeted in the case;

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Page No. 4/4

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The application stands disposed of in the aforesaid terms.

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JUDGE

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Comparing Assistant

Imran Hussain and Anr. v. the State of Assam

Case brief

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Imran Hussain and Anr. v. the State of Assam

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