Khobiruddin Sk @ Khabir Uddin v. The State of Assam

ORDER Date : 20.03.2023

Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Mr. Bankim Sarma, learned APP appearing for the State.

¶2The petitioner, who was arrested on 29.12.2022, is seeking regular bail under section 439 Cr.P.C. in connection with Bilasipara P.S. Case No. Page No.# 2/3 349/2022, under sections 376 IPC, read with section 4 of the POCSO Act, corresponding to G.R. Case No. 659/2022, pending before the Court of learned Special Judge, Bilasipara.

¶3This is the second application for bail, the previous bail application was rejected by order dated 10.02.2023, passed in Bail Appln. 170/2023.

¶4The learned APP prays for some time to produce the case diary.

¶5From the order dated 10.02.2023, it appears that the petitioner had solemnized the marriage of a minor girl and in the prescribed column No.4 of the Kabinnama, the girl was recorded as major, which was incorrect. Therefore, as the solemnization of marriage was not in accordance with the Assam Moslem Marriages and Divorces Registration Act and rules framed thereunder, the prayer for bail was earlier rejected.

¶6Although the learned APP has opposed the prayer for bail, but considering that the petitioner has suffered custody of 82 days as on date, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, Khobiruddin Sk. @ Khabir Uddin in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with one suitable surety of like amount to the satisfaction of the learned learned Special Judge, Bilasipara.

¶7Bail is granted on the following conditions: I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. II. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case Page No.# 3/3 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 witness. III. The petitioner shall not obstruct the smooth progress of the investigation/trial. IV. The petitioner shall not misuse his liberty in any manner. V. The petitioner shall appear before the I/O within 15 (fifteen) days from the date of his release and he shall continue to appear till his appearance is dispensed with or charge-sheet is filed, whichever is earlier.

¶8This application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010056502023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1009/2023 KHOBIRUDDIN SK @ KHABIR UDDIN S/O- LATE ROJOB ALI, R/O- VILL.- TARANGMUKH, P.O. LAKHIGANJ, P.S. BILASIPARA, DIST. DHUBRI, ASSAM, PIN- 783345. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR G CHAMUAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA