Allowed

Rabbanur Sk @ Rabanur Sk v. the State of Assam and Anr.

Gauhati HC13 Dec 2023AB/3767/2023

Case brief

AI extract

What is this about?

The Gauhati High Court considered an anticipatory bail application under Section 438 CrPC regarding allegations of rape under the POCSO Act. The court granted bail with a bond of Rs. 50,000 and conditions to cooperate in investigation and not tamper with evidence, noting the petitioner's youth.

What did the court decide?

Petitioner enlarged on bail on furnishing a bond of Rs. 50,000 with a suitable surety of the like amount under conditions to appear before the IO within 10 days and not tamper with evidence.

Rabbanur Sk @ Rabanur Sk Vs the State of Assam… — Child Sexual Offences (POCSO) | Gauhati HC (2023)

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GAHC010251772023

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

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Case No. : AB/3767/2023

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RABBANUR SK @ RABANUR SK SON OF- SURAT JAMAL SK, RESIDENT OF VILL.- UDMARI PART-IV, P.S. BILASIPARA, DISTRICT- DHUBRI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:AJIMA BIBI WIFE OF- LATE JALIL SK RESIDENT OF VILL- NEW KARAITARI P.S. FAKIRAGRAM DISTRICT- KOKRAJHAR ASSAM PIN- 78334

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Advocate for the Petitioner : MR. M A MONDAL

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Advocate for the Respondent : PP, ASSAM

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BEFORE

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HON’BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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13.12.2023

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Heard Mr MA Mondal, learned counsel for the petitioner, Rabbanur Sk @ Rabanur Sk.

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The petitioner has filed this application under Section 438 CrPC, with prayer for pre-arrest bail, apprehending arrest in connection with Fakiragram PS Case No. 68/2023, under Section 363 IPC, read with Section 4 of the POCSO Act.

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Heard Mr B Sarma, learned Additional Public Prosecutor, for the State of Assam/respondent No. 1 and Mr M Rana, learned counsel for the respondent No. 2/informant.

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I have considered the submissions at the Bar. I have also perused the Case Diary.

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The learned Additional Public Prosecutor has raised objection that the victim is a minor.

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It is submitted on behalf of the petitioner that the petitioner and the victim had a love affair and the victim on her own volition went away with the petitioner. Thereafter, the petitioner’s family members brought back the victim to her house.

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I have also perused the FIR.

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The allegation against the petitioner is that he induced the victim to go with him and he committed sexual assault on the victim.

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I have considered the submission that the petitioner is a 19-year-old lad.

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The Case Diary reveals that the investigation has also progressed to a considerable extent. The contents of the Case Diary are not brought to the fore.

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I have perused the Medico-legal Report.

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I have considered the submission that the petitioner is a local resident

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Considering all aspects, petition is allowed. Accordingly, in the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- with a suitable surety of the like amount to the satisfaction of the arresting authority under the conditions that-

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i) the petitioner shall appear before the IO within 10 days and cooperate

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with the investigation, and

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ii) the petitioner shall not tamper with the evidence and exercise threats to the witnesses.

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On breach of any of the bail conditions, bail order shall stand cancelled.

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Considering the peculiar circumstances of this case, this order may not be used as a precedent.

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Anticipatory Bail Application stands disposed of.

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Send back the Case Diary.

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JUDGE

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Comparing Assistant

Rabbanur Sk @ Rabanur Sk v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Rabbanur Sk @ Rabanur Sk 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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