Dismissed

Gajibor Rahman and Anr. v. the State of Assam and Anr.

Gauhati HC5 Nov 2024AB/1933/2024

Case brief

AI extract

What is this about?

Anticipatory bail under Section 482 BNSS was sought by two accused in a case under Sections 363/376/506/34 IPC read with Section 4 POCSO Act concerning the alleged forcible abduction and rape of a minor girl. Perusing the case diary, the victim's Section 164 and 161 statements, medical report and witness statements, and noting the petitioners had evaded police visits, the Court found sufficient incriminating material regarding their involvement and held it unfit for pre-arrest bail. The application was rejected.

What the court decided

AI extract

Gajibor Rahman and Anr. Vs the State of Assam… — Child Sexual Offences (POCSO) | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010143462024

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

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Case No. : AB/1933/2024

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GAJIBOR RAHMAN AND ANR. S/O SANOWAR ALI R/O VILL- NIDANPUR PT.II, P.S. LAKHIMPUR, DIST. GOALPARA, ASSAM, PIN NO. 783129

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2: MAJER ALI @ MONSER ALI S/O ANOWAR HUSSAIN R/O VILL- NIDANPUR PT.II P.S. LAKHIPUR DIST. GOALPARA ASSAM PIN- 78312 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:JAHIDUR RAHMAN S/O ALIM UDDIN R/O VILL- NIDANPUR PT.II P.S. LAKHIPUR

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DIST. GOALPARA ASSAM PIN- 78312

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Advocate for the Petitioner : MR. A CHOUDHURY, MS. A KAUSHAR,MR S ISLAM

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Advocate for the Respondent : PP, ASSAM, MR. R ISLAM (R-2),N. UDDIN (R-2),MR. M I HUSSAIN (R-2)

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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06-11-2024

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Heard Mr. A Choudhury, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. N Uddin, learned counsel for the informant/respondent No. 2.

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2. By this application filed under Section 482 of the BNSS, 2023, the petitioners, namely, (i) Gajibor Rahman , son of Sanowar Ali and (ii) Majer Ali @ Monser Ali, son of Anowar Hussain, both resident of village-Nidanpur Pt-II, P.S.-Lakhipur, District-Goalpara, apprehending their arrest, are seeking pre-arrest bail in Lakhipur Police Station Case No. 147/2024 registered under Sections 363/376/506/34 IPC read with Section 4 of the POCSO Act corresponding to G.R. No. 503/2024.

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3. As per the FIR of the case dated 24.05.2024 lodged by the informant /respondent No. 2 before the Officer-in-Charge of Lakhipur Police Station, the case is that on 22.05.2024 when his sister in the evening came out of their house when the electricity supply was snapped, the accused petitioner Nos. 1 & 2 forcibly took her in a motorcycle to the first floor of Lakhipur Hospital that was under constructions, where the petitioner No. 1, namely, Gajibor Rahman, committed rape on her. When the minor girl raised hue and cry, the accused petitioners fled away from the scene. Some other persons arrived therein and enquired from her and accordingly informed her family members in her residence. Thereafter, her family members brought her back to her house.

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4. As the informant/respondent No. 2 resides at Guwahati and he was informed about the incident, he returned to Lakhipur on 23.05.2024 and lodged the FIR on 24.05.2024.

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5. Accordingly, Lakhipur Police Station Case No. 147/2024 corresponding to G.R. No. 503/2024 was registered under Sections 363/376/506/34 IPC read with Section 4 of the POCSO Act.

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6. Perused the case diary produced before the Court today by Mr. K K Parashar, learned

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Page No.# 3/3

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Additional Public Prosecutor, Assam.

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7. Also perused the statement of the victim girl recorded by the learned Sub-Divisional Judicial Magistrate (Sadar), Goalpara on 27.05.2024 under Section 164 CrpC, her statement recorded under Section 161 CrPC by the concerned Investigating Officer of the case and also her medical report.

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8. Also perused the statements of the independent witnesses so far recorded by the concerned I.O. of the case.

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9. It is seen from the case diary that police personnel visited the house of the petitioners on various occasions, but they evaded the police.

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10. Finding sufficient incriminating materials in the case diary regarding the involvement of the petitioners in the alleged crime, this Court is of the view that it is not a fit case to grant the benefit of pre-arrest bail to the petitioners, named above, in said Lakhipur Police Station Case No. 147/2024.

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11. Accordingly, this pre-arrest bail application of the petitioners, namely, (i) Gajibor Rahman and (ii) Majer Ali @ Monser Ali in said Lakhipur P.S. Case No. 147/2024 stands rejected.

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12. Return the Case Diary.

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JUDGE

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Comparing Assistant

Gajibor Rahman and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What the court decided

Gajibor Rahman and Anr. v. the State of Assam and Anr.

Case brief

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