Dismissed

Taoz Talukdar @ Tazur Rahman Talukdar v. the State of Assam

Gauhati HC14 Jun 2023AB/1950/2023

Case brief

AI extract

What is this about?

The Gauhati High Court rejected the petitioner application for pre-arrest bail under Section 438 Cr.P.C. Finding sufficient incriminating materials in the case diary regarding alleged sexual harassment and assault at a shop, the court held it was not a fit case for grant of anticipatory bail.

What did the court decide?

None. The pre-arrest bail application of the petitioner stands rejected.

Taoz Talukdar @ Tazur Rahman Talukdar Vs the State of Assam — Caste Atrocities | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010119352023

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

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Case No. : AB/1950/2023

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TAOZ TALUKDAR @ TAZUR RAHMAN TALUKDAR S/O- NASIR UDDIN TALUKDAR, R/O- VILL- PUB JAMUNA GAON, P.S. MURAJHAR, P.O. AMBARI, PIN- 782445, DIST.- NAGAON, ASSAM

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VERSUS

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

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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 MANASH RANJAN PATHAK

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14/06/2023

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Heard Mr. H R A Choudhury, learned Senior counsel assisted by Mr. S A Borbhuiya, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State.

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The petitioner, namely, Taoz Talukdar @ Tazur Rahman Talukdar , has filed this application under Section 438 Cr.P.C. seeking pre-arrest bail apprehending his arrest in Dispur P.S. Case No. 905/2023 registered under Sections 294/509/354/354(A)/354(B)/506 IPC corresponding to G.R. No. 3595/2023.

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Perused the case diary placed before the Court today by Mr. M P Goswami, learned Additional Public Prosecutor, Assam.

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The victim on 21.05.2023 lodged an Ejahar before the Officer-in-Charge of Dispur Police Station against the petitioner owner of Pakija Collection, Shop No. 15, Ganesh Market, Dispur that though she joined her service in the said Pakija Collection on 15.05.2023, but its owner since 17.05.2023 in various ways tried to disregard her prestige and also tried to physically assault her and further, on 21.05.2023, the petitioner intentionally touched her in her private parts. The informant victim in her FIR also stated that the petitioner owner of said Pakija Collection used to send obscene photographs in her mobile. Under such compelling situation, she lodged the Ejahar which was accordingly registered as Dispur P.S. Case No. 905/2023 under Sections 294/509/354/354(A)/354(B)/506 corresponding to G.R. No. 3595/2023.

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From the case diary placed before the Court by Mr. Goswami, learned Additional Public Prosecutor, Assam, it is seen that the other employees of the said Pakija Collection and neighbouring shop owners in their 161 Cr.P.C. statements submitted against the petitioner regarding his involvement in such activities indicating that the female staff of the said shop used to stay there only for few days and under such compelling situation, they have to leave the shop.

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Finding sufficient incriminating materials in the case diary against the petitioner with regard to his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Taoz Talukdar @ Tazur Rahman Talukdar in said Dispur P.S. Case No. 905/2023.

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Accordingly, this pre-arrest bail application of the petitioner, Taoz Talukdar @ Tazur Rahman Talukdar in said Dispur P.S. Case No. 905/2023 stands rejected.

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Return the case diary.

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JUDGE

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Comparing Assistant

Taoz Talukdar @ Tazur Rahman Talukdar v. the State of Assam

Case brief

What is this about?

What did the court decide?

Taoz Talukdar @ Tazur Rahman Talukdar 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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