The Gauhati High Court rejected the bail application of an accused charged with rape under Sections 376 IPC read with Section 6 POCSO. The court found abundant incriminating material and held that bail would hinder the ongoing investigation.
Bail application of the accused petitioner stands rejected. The case diary is returned to the police.
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GAHC010128102022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1536/2022
MD. KHALIKUL ISLAM
S/O- ABDUL JABBAR, R/O- VILL.- NAZIM NAGAR, WARD NO. 9, P.O. AND P.S. MOIRABARI, DIST. MORIGAON, ASSAM, PIN-782126.
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
2:MUSSTT. ANUWARA BEGUM W/o LATE ABDUL KASEM R/o VILL-NAZIM NAGAR
W No. 9 P.S. MAIRABARI DIST-MORIGAON ASSAM PIN-78212
Advocate for the Petitioner : MR. P K SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
18.08.2022
Heard Ms. B. Bhuyan, learned counsel appearing for the accused petitioner
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as well as Ms. S.H. Bora, learned Addl. P.P., Assam appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Md. Khalikul Islam has prayed for grant of bail in connection with Moirabari P.S. Case No. 98/2022 under Sections 376(2) (f)/376(3)/313 of the IPC read with Section 6 of the POCSO Act.
The case diary, as called for, is placed before the Court.
The FIR reveals the allegation of commission of rape on the minor daughter of the informant by the accused petitioner and thereafter aborting her baby without the knowledge of the informant.
It is noticed that the accused petitioner has been in judicial custody since 31.05.2022, that is, for 79 days.
The medical report shows the age of the victim to be above 16 years and less than 18 years without any mark of injury on her person.
Perusal of the case diary reveals prima facie abundance of incriminating material against the accused petitioner. In her statements recorded u/s 161 and 164 Cr.P.C., the victim has implicated the accused with the commission of the alleged offences. As per the birth certificate, her date of birth is stated to be 11.12.2008.
In the backdrop of facts and evidence as emerged from the case diary, this Court is of the opinion that if the liberty of bail is granted to the accused petitioner, the ongoing investigation is likely to be adversely affected.
Accordingly, the bail application of the accused petitioner stands
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rejected.
Return the case diary.
The bail application is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused petitioner charged with rape under the POCSO Act.
Whether the grant of bail would adversely affect the ongoing investigation given the available incriminating material.
3 provisions across 3 enactments
Md. Khalikul Islam
The State of Assam
Dr. Anuwar A Begum
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
