Allowed

Sukur Ali v. the State of Assam

Gauhati HC19 Sept 2022Bail Appln./1929/2022

Case brief

AI extract

What is this about?

Court allowed bail to the accused petitioner Sukur Ali, who was detained in judicial custody for 56 days. The court observed that the FIR allegations against him pertained only to obstructing the victim's hospital shift, not the rape itself. Relying on the medical report and victim statements not implicating him, the detention was deemed unnecessary for investigation.

What did the court decide?

Petitioner released on bail of Rs. 30,000 with one surety of like amount subject to standard conditions of cooperation and non-influence of witnesses.

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

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GAHC010156802022

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

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Case No. : Bail Appln./1929/2022

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SUKUR ALI S/O LT. BILAYET HUSSAIN, VILL.- PALHAJI, P.S.- BARPETA, DIST.- BARPETA, ASSAM.

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VERSUS THE STATE OF ASSAM REP. BY THE P.P., ASSAM

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Advocate for the Petitioner : MR. JUNM LASKAR

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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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Date : 19.09.2022

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Heard Mr. JUNM Laskar, learned counsel for the accused petitioner as well as Mr. BB Gogoi, learned Addl. P.P., Assam for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Sukur Ali has prayed for grant of bail in connection with Barpeta P.S. Case No.742/2022 under Section

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376 (AB)/120B/506 of the IPC r/w Section 6 of the POCSO Act.

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Case diary is received.

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Mr. JUNM Laskar, learned counsel for the accused petitioner, submits that the accused has been detained in judicial custody for 56 days despite being innocent. Mr. Laskar further submits that actually the allegation has been made against one Abdul Jabbar who committed the crime and the present accused and 02 (two) others are roped into the case on the ground that they resisted in taking the victim to hospital for treatment.

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Mr. BB Gogoi, learned Addl. Public Prosecutor submits that the allegation of rape is not against the present accused petitioner, but causing resistance to shift the minor victim girl for immediate medical treatment in hospital.

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The FIR reveals the allegation that on 17.07.2022, when the daughter of the informant went to her husband’s firewood shop, the FIR named accused No. 1 taking advantage of absence of her father, committed rape on her forcefully and when the informant’s husband tried to take his daughter to hospital due to her deteriorating health condition, the present accused and two other co-accused persons obstructed him and advised him to compromise the matter by cash money.

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It is noticed that the accused petitioner has been in judicial custody for 56 days since 23.07.2022.

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The medical report on the victim girl, aged about 9 years, reveals ‘No significant abnormality.’ The prime accused namely, Abdul Jabbar has already been arrested.

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The alleged victim girl in her statements under Sections 161 and 164 CrPC has not implicated the present accused with the alleged offences.

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Therefore, this Court is of the opinion that further continuation of detention of the accused petitioner in the interest of investigation is not warranted.

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Accordingly, it is provided that the accused petitioner, namely, Sukur Ali shall be released on bail of Rs. 30,000/- ( Thirty Thousand ) with one surety of like amount to the satisfaction of the learned Special Judge (POCSO Act) , Barpeta subject to the following conditions- :

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(i) That the accused petitioner shall cooperate with the Investigating Officer as and

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when required; and

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(ii) That the accused petitioner 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 Police Officer or the Court.

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This disposes of the bail application.

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Return the case diary.

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JUDGE

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Comparing Assistant

Sukur Ali v. the State of Assam

Case brief

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Sukur Ali v. the State of Assam

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