Allowed

Md. Hasim Ali @ Kenjul Ali @ Sika v. the State of Assam and Anr.

Gauhati HC7 Sept 2022Bail Appln./1945/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused petitioner in a POCSO rape case. Considering that a substantial part of the trial was completed and the accused had spent over 443 days in custody, detention was deemed unwarranted for the ongoing trial.

What did the court decide?

Accused released on bail of Rs. 50,000 with one surety of like amount to the Sessions Judge, Darrang, Mangaldai.

Md. Hasim Ali @ Kenjul Ali @ Sika Vs the State… — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010158112022

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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./1945/2022

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MD. HASIM ALI @ KENJUL ALI @ SIKA S/O MD. HUSSAIN ALI R/O VILL- KHAIRAKATA P.S. DALGAON, DIST. DARRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM

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2:MALEKA KHATUN W/O NUR MAHAMMAD R/O VILL- KHAIRAKATA P.S. DALGAON DIST. DARRANG ASSA

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Advocate for the Petitioner : TUN RAJKHOWA

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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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07.09.2022

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Heard Ms. T. Rajkhowa, learned counsel appearing for the accused petitioner as well as Mr. R.R. Kaushik, learned Addl. P.P., Assam appearing for the State respondent.

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Page No.# 2/3

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Md. Hasim Ali @Kenjul Ali @Sika has prayed for grant of bail in connection with Special (POCSO) Case No. 62/2021 arising out of Dalgaon P.S. Case No. 313/2021 under Section 376 of the IPC read with Section 4 of the POCSO Act pending in the Court of learned Sessions Judge, Darrang, Mangaldai.

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The scanned copy of the case record along with the case diary, as called for, is placed before the Court.

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The FIR reveals the allegation of commission of rape on the minor daughter of the informant by the accused petitioner on 10.06.2021.

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It is noticed that the accused has been under judicial custody since 21.06.2021, that is, for 443 days.

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The radiological report shows that the victim’s age is between 12-13 years.

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A perusal of the case records reveals that charges have been framed against the accused under Section 4(2) of the POCSO Act read with Section 376(3) of the IPC. There is a list of 10(ten) witnesses in the charge-sheet out which 6(six) prosecution witnesses have been examined till date.

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Having considered the fact that substantial part of the trial has been completed with the examination of the material witnesses including the victim girl, this Court is of the considered opinion that further continuation of detention of the accused petitioner in the interest of the ongoing trial may not be warranted.

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Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.50,000/- (Rupees Fifty Thousand) with one surety of like amount to the satisfaction of learned Sessions Judge, Darrang, Mangaldai subject to the following conditions-

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i) That the accused petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of; 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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The bail application is disposed of.

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JUDGE

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Comparing Assistant

Md. Hasim Ali @ Kenjul Ali @ Sika v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Md. Hasim Ali @ Kenjul Ali @ Sika v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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