Nur Salam Sk and Anr v. The State of Assam

ORDER

19.06.2023 Heard Mr A Z Ahmed, learned counsel appearing for the petitioner and Mr B Sarma, Page No.# 2/3 learned Additional Public Prosecutor for the State of Assam.

¶2By this application filed under Section 438 CrPC, the petitioners, 1) Nur Salam Sheikh and 2) Saiful Islam, have sought for pre-arrest bail, apprehending their arrest in connection with Sukchar PS Case No. 95/2023, under Sections 365/376(3) IPC, read with Section 6 of the POCSO Act, read with Sections 9/10/11 of the PCM Act.

¶3Learned counsel for the petitioner has submitted on behalf of the petitioner No. 1, Nur Salam Sk that after granting of interim bail by this Court on 09.05.2023, the petitioner No. 1, has appeared before the Investigating Officer and his statement has also been recorded and he has also cooperated with the investigation of the case. Accordingly, he has prayed that the interim bail granted to the petitioner No. 1, on

09.05.2023, may be made absolute.

¶4On the other hand, learned Additional Public Prosecutor submits that the petitioner no. 1 has not misused his liberty after grant of the interim bail on 09.05.2023. Accordingly, he has raised no objection to the prayer made by the petitioner.

¶5So far as regards the petitioner No. 2, Saiful Islam, it is submitted by the learned counsel that petitioner is a 22 years old and he has love affairs with the victim and the victim has voluntarily eloped with the petitioner. So, considering his young age, the privilege of pre-arrest bail may be extended to the petitioner.

¶6On the other hand, regarding petitioner No. 2, learned Additional Public Prosecutor has submitted that in the statement of the victim recorded under Section 164 CrPC, the victim girl has implicated the petitioner No. 2, Saiful Islam for forcefully kidnapping her and also committing sexual assault towards her and later on he married another girl and drove the victim out of his house. So, he submits that pre-arrest bail prayer of the petitioner No. 2 may not be considered at this stage.

¶6I have heard the submissions made by the learned counsel for both the parties. Also perused the Case Diary along with the statement of the victim, recorded under Section Page No.# 3/3 164 CrPC

¶7In view of the facts and circumstances of the case and having regard to the submissions made by the learned counsel for both the parties, this Court is of the opinion that the interim bail order dated 09.05.2023, can be made absolute.

¶8Accordingly, interim bail granted to the petitioner No. 1, Nur Salam Sk, on

09.05.2023, is hereby made absolute.

¶9However, considering the submissions of the learned counsel for the parties as well as the statement of the victim girl, the prayer made on behalf of petitioner No. 2, Saiful Islam, is hereby rejected at this stage.

¶10With the aforesaid observations, this Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010095752023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1620/2023 NUR SALAM SK AND ANR S/O LT. ABUL HUSSAIN VILL- MANKACHAR KALOHAT P.O. AND P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM PIN-783131 2: SAIFUL ISLAM S/O NUR SALAM SK. VILL- MANKACHAR KALOHAT P.O. AND P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : PP, ASSAM BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI