Dismissed

Sahidul Islam @ Md. Sahidul Ali v. the State of Assam

Gauhati HC9 Nov 2022Bail Appln./2485/2022

Case brief

AI extract

What is this about?

The Guwahati High Court dismissed a bail application under Section 439 Cr.P.C. for an accused in a POCSO case alleging sexual assault of a child. The court held that despite completed investigation and witness examination, the possibility of absconding could not be ruled out at the trial's conclusion, and the accused's liberty must balance societal and victim interests.

What did the court decide?

The petition for bail stands dismissed. The lower court is directed to dispose of the case as early as possible.

Sahidul Islam @ Md. Sahidul Ali Vs the State… — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010195432022

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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./2485/2022

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SAHIDUL ISLAM @ MD. SAHIDUL ALI SON OF MD. NOOR ISLAM, R/O VILL- JAMLAI CHENIMARA, P.S. NAGARBERA, DIST. KAMRUP, ASSAM, PIN NO. 781127.

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM 2:SAHIDUL HAQUE S/O- SAIMUDDIN SK VILL- JAMLAI CHAIMARA P.S.- NAGARBERA DIST.- KAMRUP(R) PIN-78112

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Advocate for the Petitioner : MR H R A CHOUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE ROBIN PHUKAN

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ORDER

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09.11.2022

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Heard Mr. H.R.A. Chaudhury, learned senior counsel, assisted by Mr. A. Chaudhary, learned counsel for the accused and also heard Mr. R.R. Kaushik, learned Addl. P.P.

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2. This application, under Section 439 of Cr.P.C., is preferred by accused, namely- Md. Sahidul Islam@ Md. Sahidul Ali, who has been languishing in jail hazoot in connection with Special (POCSO) Case No. 47/2020 arising out of Nagarbera P.S. Case No. 108/2020, under section 4 of the POCSO Act, since 09.11.2020.

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3. The said case has been registered on the basis of one FIR lodged by one Md. Sahidul Hoque, on 09.09.2020. The allegation against the accused is that on the intervening night of 05.09.2020, in his house, he had sexually assaulted Smti. X (name withheld) of aged 8 years, the daughter of the informant. Upon the said FIR, Nagarbera P.S. Case No. 108/2020, under section 4 of the POCSO Act has been registered and after investigation, charge sheet is laid against the accused to stand trial under section 4 of the POCSO Act. Thereafter, the learned court below has framed charge against the accused under section 4 of POCSO Act, to which the accused pleaded not guilty. Thereafter, the prosecution side has examined all the witnesses and the case is now pending for examination of accused under section 313 Cr.P.C.

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4. Mr. H.R.A. Chaudhury, learned senior counsel for the accused submits that the accused was arrested on 09.11.2020, and since then he has been languishing in jail hazoot. Mr. Chaudhury further submits that this petition is preferred on following three grounds:-

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(i) That, investigation has already been completed and his statement is also recorded,

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(ii) That, after rejection of his earlier bail petition after completion of 593 days in custody, now he has completed 682 days in custody,

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(iii) That, now all the prosecution witnesses have been examined; there is no scope of tampering with the witnesses.

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Mr. Chaudhury further submits that the accused has been falsely implicated herein this case and there is delay in lodging the FIR without there being any explanation, and the medical evidence also not supporting the case and that the accused will participate in the trial, and his right to personal liberty is in jeopardy and therefore, it is contended to allow this petition.

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5. On the other hand, Mr. R.J. Baruah, the learned Addl. P.P. has vehemently opposed the petition on the ground that the trial is about to conclude and there is sufficient materials against the accused and enlarging the accused on bail at this stage will cause delay in disposal of the case, as there is possibility of his absconding.

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6. Having heard the submission of learned Advocates of both sides, I have gone through the petition and the documents placed on record. Also, I have gone through the scanned copy of the record of learned court below.

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7. From a bare perusal of the record, I find the following:-

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(i) The accused was arrested on 09.11.2020.

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(ii) He is charged under section 4 of the POCSO Act.

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(iii) The prosecution side has examined all the cited witnesses.

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(iv) The accused is also examined under section 313 Cr.P.C. and as submitted by the learned Addl. P.P., trial is about

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to complete.

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(v) And as submitted by the learned Addl. P.P., the witnesses examined by the prosecution side have implicated him with the charge.

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(vi) The bail petition of the accused was earlier rejected on three occasions.

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8. Here in this case, the grounds, so assigned for filing this application seems to be apparently new and as such the question of maintainability of this successive bail application cannot be arise. It is a fact that all the prosecution witnesses have been examined herein this case. And as such, the question of hampering investigation or tampering of witnesses does not arise. But, the possibility of absconding cannot be ruled out at this fag end of trial. Moreover, his right to personal liberty has to be balanced with that of the greater interest of the society as well as the victim. Therefore, this court is left unimpressed by the submission of learned counsel for the accused that this is a fit case to grant bail. Accordingly, the petition stands dismissed.

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9. However, the learned court below is directed to make an endeavor to dispose of the case as early as possible, keeping in mind the personal liberty guaranteed by Article 21 of the Constitution of India, to every citizen of this country.

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JUDGE

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Comparing Assistant

Sahidul Islam @ Md. Sahidul Ali v. the State of Assam

Case brief

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Sahidul Islam @ Md. Sahidul Ali v. the State of Assam

Case brief

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