Allowed

Juwel Hoque @ Juwel Ali v. the State of Assam

Gauhati HC22 Sept 2022Bail Appln./2225/2022

Case brief

AI extract

What is this about?

This bail application was considered by the Gauhati High Court regarding a rape trial. After reviewing incriminating materials and witnesses from the case diary, the court granted bail due to the petitioner's prolonged custody, subject to strict conditions.

What did the court decide?

Petitioner granted bail on Rs. 1,00,000 bond with two sureties of like amount and immovable property security.

Juwel Hoque @ Juwel Ali Vs the State of Assam — Bail and Remand | Gauhati HC (2022)

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GAHC010178662022

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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./2225/2022

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JUWEL HOQUE @ JUWEL ALI S/O MAKIBAR RAHMAN R/O KANAICHUBA P.S. MANGALDAI, PIN-784125 DIST. DARRANG, 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 JAHID

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE KALYAN RAI SURANA

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22/09/2022

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Heard Mr. A Jahid, learned counsel for the petitioner and Mr. Bhaskar Sarma, learned Additional Public Prosecutor for the State.

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The petitioner, namely, Juwel Hoque @ Juwel Ali, who was arrested on 23.06.2022 in connection with Mangaldai P.S. Case No. 227/2022 under Section 366 IPC with added Sections 376/506 IPC and presently tried as Sessions Case

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No. 163(DM)/2022 is seeking bail by filing this application under Section 439 Cr.P.C.

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The scanned copy of the case diary is received from the Court of the learned Sessions Judge, Darrang, Mangaldai.

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The learned Additional Public Prosecutor has gone through the same and has opposed the prayer for bail on the ground that sufficient incriminating materials are available against the petitioner.

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On perusal of the case diary, the Court finds that there are incriminating materials against the petitioner of having allegedly raped the victim and had also threatened her. Witnesses examined by the I.O. have stated that the petitioner is aggressive in nature.

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Be that as it may, as the petitioner has spent 91 days in custody, the Court is inclined to release the petitioner, namely, Juwel Hoque @ Juwel Ali, on bail in connection with Mangaldai P.S. Case No. 227/2022, on furnishing a bail bond of Rs.1,00,000/- (Rupees One Lakh only) with two surety of like amount to the satisfaction of the learned Sessions Judge, Darrang, Mangaldai.

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It is provided that out of the two bailors, one bailor should offer his immovable property as security for grant of bail having sufficient value to cover the bail amount.

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Bail is granted on the following conditions:

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That the petitioner shall appear before the Court in the present case as and when required.

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That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts

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of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

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That the petitioner shall not obstruct the smooth progress of the investigation/trial.

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That the petitioner shall not misuse his liberty in any manner.

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That the petitioner shall not jump over the bail.

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That the petitioner shall appear before the I.O. within 15 days from the date of his release and thereafter, shall appear before the I.O. once a month till his personal appearance is dispensed with or charge sheet is submitted whichever is earlier.

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The petitioner shall not leave the jurisdiction of District-Darrang, Assam without prior written intimation to the I.O. of the said case.

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In the event of non-compliance of any conditions for grant of bail, it would be open to the I.O. to approach the jurisdictional Court and apply for cancellation of bail.

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Application is disposed of.

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JUDGE

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Comparing Assistant

Juwel Hoque @ Juwel Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

Juwel Hoque @ Juwel Ali v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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