Faijuddin Ahmed and Mon and Anr v. The State of Assam

ORDER

11.11.2024

¶1Heard Mr. T.H. Hazarika, learned counsel for the petitioners. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor appearing for the State of Assam, who has produced the case diary of Palashbari P.S. Case No. 350/2024.

¶2The learned counsel for the petitioners has submitted that the petitioner No. 1 was having love affair with the victim-girl and by order dated 03.10.2024, both the petitioners were granted interim bail by this Court with certain conditions.

¶3It is submitted by the learned counsel for the petitioners that in pursuant to the directions of this Court, both the petitioners have appeared before the Investigating Officer and have co-operated in the investigation.

¶4On the other hand, learned Additional Public Prosecutor has also submitted that from the statement of the victim-girl recorded under Section 183 of the BNSS, it appears that the relationship between the victim and the petitioner No. 1 was consensual in nature. He also submits that both the petitioners have appeared before the Investigating Officer and their statements have also been recorded by the Investigating Officer.

¶5In view of the fact that the petitioner have complied with the directions of this Court and have co-operated in the investigation, the Page No.# 3/3 interim anticipatory bail granted to both the above-named petitioners, by order dated 03.10.2024 is hereby made absolute, with following conditions:-

(i) the petitioners shall co-operate in the investigation; and

(ii) the petitioners shall not directly or indirectly make any inducement, threat or promise to the informant or to any other persons who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court.

¶6With this observations and directions, this anticipatory bail application is hereby disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010203452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2622/2024o FAIJUDDINoAHMEDoANDoMONoANDoANRo S/OoLToMAFIJUDDINoAHMEDo R/OoVILL-oFUTURI,oROWMARI,o P.S.oCHAYGAO,oP.O.oFUTURI,oDIST.oKAMRUP,oASSAM,oPIN-781122 2:oMAINODDINoAHMED oS/OoLToMAFIJUDDINoAHMEDo R/OoVILL-oFUTURI oROWMARI o P.S.oCHAYGAO oP.O.oFUTURI oDIST.oKAMRUP oASSAM oPIN-78112o VERSUSo THEoSTATEoOFoASSAMo REPRESENTEDoBYoTHEoPP,oASSAM AdvocateoforotheoPetitionerooooo:oMRoToHoHAZARIKA,oMR.oDoROY,MRoAoRASHIDo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA