Sk. Md Aminul Islam @ Aminul Islam and 2 Ors v. The State of Assam and Anr

ORDER Date : 26-09-2024

Heard Mr. M.U. Mondal, learned counsel for the petitioners, 1. Sk Md Aminul Islam @ Aminul Islam, 2. Ala Uddin Ahmed and 3. Ekram Ali Sk, who have filed this application under Section 482 of the Bharaitiya Nagarik Suraksha Sanhita with prayer for pre-arrest bail as they are apprehending arrest in connection with Fakirgonj Police Station Case No. 80/2024 under Sections 341/324/384/506/34 IPC R/W section 12 of the POCSO Act 2012 and 67 B IT Act, 2000.

¶2Heard Mr. R.R. Kaushik, learned Additional Public Prosecutor, Assam for the respondent State and Ms. B. Sarma, learned counsel appearing for the respondent No.2.

¶3Learned counsel for the respondents have raised serious objection in granting pre-arrest bail to the petitioners.

¶4It is submitted that the pre-arrest bail has been preferred by the petitioners Page No.# 3/4 before the learned Additional Sessions Judge, who was pleased to reject the bail application after perusal of the case diary as there are incriminating materials in the case diary against the petitioners. The petitioner Nos. 2 and 3 have also acted in an aggressive manner. The allegation against the petitioner No.1 is that he committed sexual assault on the victim and he has uploaded obscene videos. It is submitted on behalf of the petitioner No.1 that he has not uploaded the videos. The victim earlier had love relationship with one Soleman Hoque and he is the main culprit who has uploaded the video through the social network platform.

¶5I have scrutinized the case diary. There are incriminating materials in the case diary against the petitioner No.1 and there are also materials in the case diary that the petitioner No.2 and 3 along with the petitioner No.1 have assaulted the victim's father. However, the pre-arrest bail may be granted to the petitioner Nos. 2 and 3.

¶6I have considered the fact that the petitioner Nos. 2 and 3 are middle aged persons.

¶7It is submitted by the learned counsel for the petitioners that the petitioners No.2 and 3 are willing to abide by the stringent bail conditions imposed upon them.

¶8Considering all aspect, the pre-arrest bail prayer of the petitioner No.1 stands rejected.

¶9In the event of the arrest of the petitioners No.2 and 3 namely Ala Uddin Ahmed and Ekram Ali Sk, they shall be enlarged on bail on furnishing a bail bond of Rs.50,000/-each (Rupees Fifty Thousand)with a suitable surety of like Page No.# 4/4 amount to the satisfaction of the arresting authority under the conditions that:-

(i) the petitioners No.2 and 3 shall appear before the Investigating Officer within one week from today and cooperate with the investigation,

(iii) the petitioners No.2 and 3 shall not exercise threats to the witnesses or tamper with the evidence and,

(iv) the petitioners No.2 and 3 shall not leave the jurisdiction of the Court without prior permission.

¶10On breach of any of the bail conditions, pre-arrest bail order shall automatically stand cancelled.

¶11Send back the case diary.

¶12Anticipatory bail application stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010146312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1916/2024o SK.oMDoAMINULoISLAMo@oAMINULoISLAMoANDo2oORS.o S/OoALAoUDDINoAHMEDo VILL-oJHARNERoCHARoPART-IV,o P.O.oJORUARoCHARo P.S.oFAKIRGONJo DIST.oDHUBRI,oASSAMo PIN-783339 2:oALAoUDDINoAHMED oS/OoLT.oREAZoUDDINoAHMEDo VILL-oJHARNERoCHARoPART-IV o P.O.oJARUARoCHARo P.S.oFAKIRGONJo DIST.oDHUBRI oASSAMo PIN-783339 3:oEKRAMoALIoSK. oS/OoSHERoALIoSK.o P.O.oPODERoALGAoPART-Io P.S.oFAKIRGONJo DIST.oDHUBRI oASSAMo PIN-78333o VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:MOZAHARULoISLAM oS/OoHAZIoABDUSoSATTARo VILL-oPADMERoALGAoPART-IIo Page No.# 2/4 P.O. BANDIHANA P.S. FAKIRGONJ DIST. DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR. M U MONDAL, MS. N NASRIN,MR K ISLAM,MR. A W MONDAL,J ISLAM Advocate for the Respondent : PP, ASSAM, MS. B SARMA (LEGAL AID COUNSEL FOR R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND