Court granted bail to petitioner, father of the alleged victim, in POCSO and PCM Act case. Petitioner arrested for 26 days; custodial interrogation deemed unnecessary. Bail bond of Rs. 50,000 required.
Bail granted on bond of Rs. 50,000 with one surety; conditions include producing victim and appearing within 10 days and monthly thereafter.
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GAHC010037092023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./686/2023
TALEB ALI
S/O. AJGOR ALI, R/O. HATIPOTA PART-I, P.S BILASIPARA, DISTRICT DHUBRI, ASSAM.
VERSUS
THE STATE OF ASSAM REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 01.03.2023
Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned APP appearing for the State.
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72/2023, under sections 9/10/11(1) of the Prohibition of Child Marriage Act, 2006, read with section 4/17 of the POCSO Act.
I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.
II. 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 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.
III. The petitioner shall not obstruct the smooth progress of the investigation/trial.
IV. The petitioner shall not misuse his liberty in any manner.
V. The petitioner shall appear before the I/O within 10 (ten) days
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from the date of his release and he shall continue to appear once in every month till his appearance is dispensed with or charge-sheet is filed, whichever is earlier.
VI. The petitioner shall produce the victim girl before the I/O for further investigation.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the petitioner, father of the alleged victim, in custody for 26 days.
What conditions should be imposed on the petitioner upon granting bail.
2 provisions across 2 enactments
Taleb Ali
The State of Assam Represented by PP, Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
