Sahid Khan @ Sahid Hussain vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. A. Sahad, learned counsel for the petitioner and Mr. R.J. Baruah, learned Additional Public Prosecutor for the respondent State of

Assam.

By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the petitioner viz. Md. Sahid Khan @ Sahid Hussain has

approached this Court seeking the benefit of pre-arrest bail, apprehending his arrest, in connection with Dibrugarh Police Station Case No. 409/2021

(Corresponding to G.R. Case No. 767/2021) registered for offences punishable under Sections 498A/307, Indian Penal Code read with Section 4 of

Dowry Prohibition Act and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019.

The First Information Report (FIR) was lodged on 23.02.2021 by the informant naming 5 (five) persons as accused including the present petitioner

as accused no. 1 who is the husband of the informant. Accusations are, inter alia, made to the effect that on 23.02.2021, the petitioner and other

accused persons inflicted torture upon the informant and demanded a sum of Rs. 3,00,000/- as dowry. The informant was made to visit her parental

house to ask for the said sum from her mother. As the mother of the informant had inability to pay the said amount, the informant with her mother

came back to her matrimonial house in the evening hours on that day itself but they were physically assaulted by the petitioner and his family

members. It has been further alleged that the petitioner uttered Talak three times while chasing the informant away.

Learned counsel for the petitioner has submitted that there was no such incident as alleged by the informant in the FIR on 23.02.2021. It is

submitted by him that the residence of the petitioner is located at a busy commercial area in Dibrugarh surrounded by a large number of shops and

residences. If such incidents had happened on 23.02.2021, the people in the neighbourhood would definitely be witnesses of such incidents. The

petitioner has also denied about giving Talak by uttering it three times as alleged by the informant.

Upon due consideration of the nature of allegations made in the FIR against the petitioner and the projections made on his behalf, I am of the prima

facie view that till perusal of the materials in the case diary, the petitioner has made out a prima facie case for interim protection. Accordingly, it is

provided, in the interim, that in the event of arrest of the petitioner in connection Dibrugarh Police Station Case No. 409/2021, he shall be released on

bail on furnishing a bail bond of Rs. 10,000/- with one local surety each of the like amount to the satisfaction of the arresting authority, subject to the

conditions that :

The petitioner shall appear before the Investigating Officer of the case within a period of 10 (ten) days from today and shall cooperate with the

investigation of the case;

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

The petitioner shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the

police.

List the case on 26.07.2021 to enable the learned Additional Public Prosecutor to produce the concerned case diary on that date.