Rejak Ali v. The State of Assam

ORDER

29.11.2024 Heard learned counsel, Mr M Ahmed, for the petitioner, Rejak Ali, who has filed this application under Section 482 of the BNSS, 2023, with prayer for pre-arrest bail, as he is apprehending arrest in connection with Shyampur PS Case No. 17/2024, under Sections 296 (a)/329(4)/75(1) (i) (ii)/351(2) of the BNS, 2023.

¶2Heard Mr R R Kaushik, learned Additional Public Prosecutor, Assam for the Page No.# 2/3 respondent State.

¶3I have considered the submissions at the Bar with circumspection.

¶4I have also scrutinized the Case Diary.

¶5The FIR unfolds that the victim is 15 years old and a student of Class-VIII of Aglachar M E School. The petitioner used to stalk the victim when she used to commute to her school. The petitioner also indulged in eve-teasing. On 19.04.2024, at about 09:30 pm, when the victim was sleeping in her house with her sister-in-law, the petitioner broke into their house and embraced the victim and tried to disrobe her and thereafter, the petitioner outraged her modesty. The victim raised alarm and the villagers came to her rescue and assaulted the petitioner.

¶6The merits of this case are not brought to the fore as investigation is still under progress.

¶7Investigation has progressed substantially.

¶8It appears that custodial interrogation may not be required for further progress of investigation.

¶9Considering all aspects, petition is allowed. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only), with a suitable surety of like amount to the satisfaction of the arresting authority, under the conditions that: Page No.# 3/3

i) the petitioner shall appear before the IO within one week and cooperate with the investigation, and

ii) the petitioner shall not exercise threats to the witnesses and the victim.

10.1. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶11Anticipatory Bail Application stands disposed of.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010236532024 2024:GAU-AS:11885 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3016/2024 REJAK ALI S/O JAINAL ABEDIN R/O VILL- AGLACHAR P.S. SHYAMPUR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M AHMED, A. K. KANU Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND