Allowed

Jahidul Islam v. the State of Assam

Gauhati HC19 May 2023AB/513/2023

Case brief

AI extract

What is this about?

The Gauhati High Court converted previously granted interim pre-arrest bail into absolute bail for the petitioner, who faces charges of child sexual offenses and child marriage. Conditions for cooperation and non-tampering with investigation were imposed.

What did the court decide?

Interim pre-arrest bail granted on 21.02.2023 was made absolute subject to conditions of cooperation, non-inducement, and non-tampering with investigation.

Jahidul Islam Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2023)

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GAHC010033752023

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

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Case No. : AB/513/2023

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JAHIDUL ISLAM S/O ABDULSALAM R/O VILL- NO. 1 KAWADI, P.S MANIKPUR DIST. BONGAIGAON, 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. M KHAN

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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 : 19.05.2023

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Heard Mr. M Khan, learned counsel for the petitioner and Mr. B Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent.

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By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Jahidul Islam has prayed for granting pre-arrest bail, apprehending arrest in connection with Manikpur P.S. Case No. 27/2023 u/s 376(3) of the IPC r/w Section 9/10/11 (1) of the

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Prohibition of Child Marriage Act r/w Section 6/17 of the POCSO Act . The Case diary is not received.

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Mr. B Sarma, learned Addl. Public Prosecutor submits that although the case diary is not received, but he has been informed that the petitioner has given his statements vide interim order, dated 21.02.2023 under Section 161 Cr.P.C. before the investigating officer. There is no adverse report against the petitioner.

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In view of above, the interim pre-arrest bail granted vide order, dated 21.02.2023 is hereby made absolute, subject to the following conditions-

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(i) That the petitioner shall co-operate in investigation as and when required;

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(ii) That the 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 Court or to any police officer; and

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(iii) That the petitioner shall not hamper or tamper with the investigation in any manner.

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This disposes off the anticipatory bail application.

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JUDGE

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Comparing Assistant

Jahidul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jahidul Islam v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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