Gauhati High Court
Abdul Halim vs The State Of Assam on 26 November, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
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GAHC010178072021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3034/2021
ABDUL HALIM
S/O LATE ZAFAR ALI
R/O DAKHIN MOHIMARI
P.S. CHHAYGAON
DIST. KAMRUP, ASSAM
PIN- 781137
MOB. NO. 98640-27090
VERSUS
THE STATE OF ASSAM
REP. BY THE LD. PP, ASSAM
Advocate for the Petitioner : MD A K AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HON'BLE MR. JUSTICE AJIT BORTHAKUR 26.11.2021 Heard Mr. AK Ahmed., learned counsel for the accused petitioner as well as Mr. KK Parasar, learned Addl. P.P., Assam appearing for the State respondent.
Page No.# 2/3 By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Abdul Halim has prayed for grant of bail in connection with Chhaygaon Police Station Case No. 1212/2020 u/s 120 (B)/376/354C/354D/506 of the IPC.
The case diary, as called for, is placed before the Court.
The brief facts of the case is that the accused petitioner frequently visited the house of the informant and taking advantage of absence of her family members raped her forcefully and took up photos and videos and thereafter raped her by blackmailing to viral the obscene photos and videos in the social media and further threatened her not to disclose the matter to anyone.
On perusal of the case diary, it is revealed that the informant refused to undergo medical examination. There is prima facie material against the petitioner. The accused petitioner is behind the bar since 29.09.2021. Therefore, keeping in consideration of the length of detention, this Court is of the opinion that if the liberty of bail is granted to the accused, the ongoing investigation is unlikely to be adversely affected.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 20,000/- (Rupees Twenty Thousand) with one surety of like amount to the satisfaction of the learned C.J.M., Kamrup, Amingaon, subject to the following conditions-
i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required;
ii) That the accused/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 Police Officer or the Court;
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iii) That the accused/petitioner shall refrain from committing any offences similar to the one of which he is accused or suspected of commission.
Return the case diary.
This disposes of the bail application.
JUDGE Comparing Assistant