Monjur Alam @ Manjur Alom Vs the State of Assam and Anr.

R/O DOLAIGAON MAZPARA NEAR FCI GODOWN P.S.- BONGAIGAON DIST.- BONGAIGAON ASSAM PIN- 783380. -----------Advocate for : MR. M A SHEIKH Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

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BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

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ORDER

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Date : 12.06 . 2025

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Heard Mr. HRA Choudhury, learned senior counsel, assisted by Mr. M.A. Sheikh, learned for the applicant, Monjur Alam @ Manjur Alom , who has filed this interlocutory application under Section 389 Cr.P.C. (now Section 430 of BNSS, 2023), for allowing the convict/applicant to go on bail during the pendency of the appeal, which is preferred against the impugned judgment and order of conviction and sentence dated 09.11.2023, passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 06(BNG)/ 2021 (Corresponding to PRC Case No. 101/2020) whereby and where under, the applicant was convicted under Section 376 (1) IPC in connection with Sessions Case No. 06(BNG)/2021 and sentenced him to under simple imprisonment for 10 (ten) years and fine of Rs. 3,000/- with default stipulation.

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The trial court record is received and perused.

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Also heard Ms. T. Begum, learned counsel for the respondent No. 2 as well as Ms. N. Das, learned Addl. Public Prosecutor for the State respondent No. 1.

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It is submitted on behalf of the applicant that the applicant has been behind the bars continuously since 09.11.2023 on the basis of the judgment and order of conviction, which has been erroneously passed against the applicant.

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It is submitted by the learned senior counsel for applicant that the victim had entered into a marriage agreement with the applicant, which has been proved through the documentary evidence as well as through oral evidence. It is submitted that the evidence of defense witnesses ought to have been considered by the learned trial court, but the learned trail court had ignored the

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evidence of the applicant/ appellant. He further submits that the appellant is innocent and he has been implicated in a false case. Both the appellant and the victim had love relationship and the victim went to the appellant at her own volition and she stayed in different places with him. The cross-examination of the victim clearly reflects that they had stayed in residences occupied by the family members and confinement is not plausible.

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The learned counsel for the respondent No. 2, Ms. T. Begum has raised serious objection on the prayer of bail and has submitted that the medical report clearly reveals that the victim was assaulted by the applicant.

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The learned Addl. P.P., Ms. N. Das has also submitted that the evidence of the victim is sufficient to bring home the charges of the sexual assault against the applicant. However, the evidence of the victim is substantiated by the evidence of the other witnesses.

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I have scrutinized the trial court record.

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I have considered the submissions at the bar with circumspection.

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At this juncture, the merits of the case are not brought to the fore as the final decision of the appeal will be on the basis of the merits of the case.

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I have considered that the applicant has pledged to co-operate with the appeal, during its pendency.

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The applicant is a local resident and he is not a flight risk. It appears that bail may be granted to the applicant.

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In view of the above, the applicant named above shall be enlarged on bail on furnishing a bond of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned trial court in connection with the aforesaid case under

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the following conditions that:-

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(1) The applicant shall not exercise threats to the victim and shall not go to anywhere near the vicinity of the victim.

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On breach of any of the conditions, the jurisdictional court shall be at liberty to immediately cancel the bail granted to the applicant.

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In the meanwhile, the operation of the impugned judgment and order of conviction and sentence dated 09.11.2023, passed by the learned Sessions Judge, Bongaigaon in Sessions Case No. 06(BNG)/ 2021 shall remain stayed till disposal of the appeal.

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In terms of the above observations, the interlocutory application stands disposed.

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JUDGE

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Comparing Assistant

Monjur Alam @ Manjur Alom v. the State of Assam and Anr.

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Monjur Alam @ Manjur Alom v. the State of Assam and Anr.

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