Allowed

Momimur Islam @ Mominur Rahman v. the State of Assam

Gauhati HC20 Sept 2022Bail Appln./2115/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused-in-IPC-IT Act offences after hearing counsel. Finding the charge sheet not yet submitted, the Court held further detention was not warranted, releasing the accused on ₹40,000 with one surety.

What did the court decide?

Accused released on bail of ₹40,000 with one surety of like amount subject to standard bail conditions.

Momimur Islam @ Mominur Rahman Vs the State of… — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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GAHC010168272022

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./2115/2022

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MOMIMUR ISLAM @ MOMINUR RAHMAN S/O HUSSAIN ALI R/O VILL- TUMNI BORAIKANDI, P.S. SOUTH SALMARA 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. A RAHMAN

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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 : 20.09.2022

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Heard Mr. N Alam RK, 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, Momimur Islam @ Mominur Rahman , has prayed for grant of bail in connection with South Salmara P.S. Case No.116/2022 under Section 447/376/325/506 of the IPC r/w Section 67 A of the IT Act.

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Case diary is not received.

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The allegation in the FIR reveals that the present accused petitioner tried to commit sexual relation with her and on 28.02.2022, taking advantage of the absence of the informant’s family member, the accused petitioner entered the kitchen and caught her from behind and took photos of her with his mobile phone. The accused petitioner assaulted her mercilessly and beaten her with dire consequence.

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It is noticed that the accused petitioner has been in judicial custody for 90 days since 22.06.2022.

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Mr. BB Gogoi, learned Addl. Public Prosecutor submits that charge sheet in the case has not yet been submitted and as such, the accused petitioner’s bail prayer may be considered favourably.

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Having heard the learned counsel for the parties and on perusal of the averments made in the petition and also the submission of learned Addl.Public Prosecutor, this Court is of the considered 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, Momimur Islam @

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Mominur Rahman shall be released on bail of Rs. 40,000/- ( Forty Thousand ) with one surety of like amount to the satisfaction of the learned CJM , South Salmara, Mankachar subject to the following conditions- :

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

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Comparing Assistant

Momimur Islam @ Mominur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

Momimur Islam @ Mominur Rahman v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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