Saiful Islam Choudhury v. The State of Assam and Anr

ORDER Date : 06.11.2023 Heard Mr. S Ahmed, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Addl. Public Prosecutor for the State/respondent. By this petition filed under Section 438 Cr.P.C., the petitioner, namely, Saiful Islam Choudhury has prayed for granting pre-arrest bail, apprehending arrest in connection with Nagaon P.S. Case No.3346/2021 under Sections 376/506 of the IPC r/W Section 8 of POCSO Act. The case diary is placed before the court. An affidavit has been filed by the petitioner as regards service of notice on the respondent No.2 and paragraph No. 3 of the affidavit is extracted herein below: "......... That the petitioner begs to submit that the copy of the notice was being received by the officer-in-charge of Nagaon Sadar P.S., District-Nagaon on

29.0.23, but according to the concerned officials, the same notice could not be served upon the informant a she is continuously changing her place of residence and is not traceable and more over the phone number of informant as being mentioned in the FIR of the informant is also switched off." The allegation in the FIR dated 29.12.2021 reveals sexual assault on the informant and her minor daughter by the present petitioner. Record reveals that a cross-FIR has been lodged by the present petitioner against the informant on 08.07.2021. On perusal of the case diary and the statements of the victim recorded under Sections 161 and 164 CrPC, it appears that there is difference in material particulars between the two statements. Medical report shows that there was no mark of violence on the body and private parts of the victim girl. The alleged occurrence had taken place on 21.12.2021 but the incident was reported to the police on 29.12.2021 i.e. after 8 days of the occurrence without explaining satisfactory reasons for such delay. In the backdrop of facts as emerged from the case diary, this Court finds it not expedient Page No.# 3/3 for custodial interrogation of the petitioner. In view of above, the prayer for anticipatory bail is hereby granted. It is provided that in the event of arrest of the petitioner, named above, he shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/-( Thirty Thousand ) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions:

(i) That the petitioner shall appear before the Investigating Officer within 7 days, failing which, on the 8th day, the anticipatory bail order shall automatically expire; and

(ii) That 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/her from disclosing such facts to the Court or to any police officer. Breach of any of the above conditions shall render cancellation of the pre-arrest bail application in accordance with law. Return the case diary. This disposes of the anticipatory bail application.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010201862023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/3119/2023o SAIFULoISLAMoCHOUDHURYo S/OoLT.oAMIRUDDINo R/OoAZADoNAGAR,o WARDoNO.o25,oMOUZAo-oNIZoSAHARo P.O.oCHOTAHAIBOR,oP.S.oNAGAON,o DIST.oNAGAON,oASSAMo PIN-782003 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoLEARNEDoPP,oGOVT.oOFoASSAM 2:JUSHNARAoBEGUM oW/OoHIFZURoRAHMANo R/OoVILL-oAZADoNAGAR o P.OoNAGAON o P.S.oNAGAONoSADARo DIST.oNAGAON oASSAMo PIN-78200o AdvocateoforotheoPetitionerooooo:oSoAHMEDo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR