Jahed Ali @ Jahad Ali Miah v. The State of Assam

ORDER

21.12.2023 Heard Mr. AW Aman, learned counsel for the petitioner. Also heard Ms. SH Bora, learned Additional Public Prosecutor, Assam appearing for the State respondents. This is an application under Section 438 Cr.P.C. for granting the privilege of pre-arrest bail to the petitioner, namely, Jahed Ali @ Jahad Ali Miah, who is apprehending Page No.# 2/3 arrest in connection with Bogribari P.S. Case No. 105/2023 under Sections 346/376(1) IPC. Case diary is received. It is submitted by the learned counsel for the petitioner that the petitioner resides in the backside of his shop with his family and had the alleged offence had occurred inside his shop his family would have known about the occurrence. The learned counsel for the petitioner further stated that immediately on the next date of the alleged occurrence, the victim had demanded Rs.10,000/-(Rupees Ten Thousand) from the petitioner. It is also stated that if the money is not paid, the victim would lodge a case against the petitioner alleging sexual offence. According to the learned counsel for the petitioner, the petitioner has been falsely implicated in the alleged offence, therefore, the benefit of pre-arrest bail may be extended to him. In response, the learned Additional Public Prosecutor has submitted that the victim had implicated the petitioner to be involved in the alleged offence in the statement recorded under Section 164 Cr.P.C., as such she has opposed in granting of bail to the petitioner. I have perused the case diary as well as the statement of the victim, wherein she had stated that on the date of the incident at night she was sitting in the verandah of a shop at Panbari at about 10.30 P.M., when the shopkeeper came out from his shop and took her inside and committed rape on her. The victim also stated that at that time her son was also present along with her, although, the age of her son is not reflected in the application. It is interesting to note that the name of the person is not mentioned in the statement of the victim recorded under Section 164 Cr.P.C. as to who had committed rape on her. From the case diary, it cannot be ascertained as to whether the shopkeeper had been identified after the incident. In view of the above, this Court is inclined to grant the privilege of pre-arrest bail Page No.# 3/3 to the petitioner. The petitioner shall appear before the Investigating Police Officer within a period of 10 (ten) days from today, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 10,000/-with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:-

¶1The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,

¶2The petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and

¶3The 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 from disclosing such facts to the Court or to any police officer. The application accordingly stands disposed of. Return the case diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010216752023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3313/2023 JAHED ALI @ JAHAD ALI MIAH S/O HAJI ASOR UDDIN PERMANENT RESIDENT OF VILL- RANGAMATI HILLS, BOGRIBARI P.S. BOGRIBARI, IN THE KOKRAJHAR DISTRICT OF ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR A W AMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI