Mahidul Islam And Anr vs State Of Assam

Heard Mr. R. Ali, learned counsel for the petitioners. Also heard Mr. T.K. Mishra, learned APP appearing for the State.

By this application under Section 438 Cr.P.C., the petitioners are seeking pre-arrest bail in connection with Barpeta PS Case No. 894/2021 under

Sections 365/376D/34 IPC read with Section 4 of POCSO Act.

The learned APP has produced the case diary and by referring to the statement made under Sections 161 and 164 Cr.P.C., he submits that the first

informant has implicated the petitioner no.1 and, as such, he opposes the prayer for bail.

On considering of the medical report, it does not suggest recent sexual assault, as such, the Court is of the considered view that custodial interrogation

of the petitioner may not be warranted and, as such, insofar as the petitioner nos. 2 and 3, namely, Samsul Hoque and Shajamal Uddin are concerned,

the interim bail granted on 04.05.2021 is made absolute on the same terms and conditions. In respect of petitioner no.1, namely, Mahidul Islam, the

Court is inclined to grant interim pre-arrest bail to him by providing that in the event of his arrest in connection with the case aforementioned, he shall

be released on bail on furnishing bail bond of Rs.40,000/-, with two suitable surety of the like amount, to the satisfaction of arresting authority. The

pre-arrest bail is granted on the following conditions:

(1) That the petitioner no.1 shall make himself available to the police or any other investigating agency or Court in the present case as and when

require.

(2) That the petitioner no.1 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 witnesses.

(3) That the petitioner no. 1 shall not obstruct the smooth progress Page No.# 3/3 of the investigation/ trial.

(4) That the petitioner no.1 shall not misuse his liberty in any manner.

(5) That the petitioner no.1 shall not jump over the bail.

(6) The petitioner no.1 shall appear before the I.O. of Barpeta PS Case No. 894/2021 within 7 (seven) days from today. Moreover, he shall give his

attendance before the I.O. once a month till his attendance is dispensed with by the I.O., or till filing of charge-sheet, whichever is earlier In view of

the present Covid-19 pandemic situation, the petitioners are granted liberty to produce a downloaded copy of the order before the arresting authority

and the said authority shall be at liberty to verify the correctness of the order from the website of the Court and act accordingly.

This bail application stands disposed of.

Return the case diary.