Gauhati High Court
Tamser Ali vs The State Of Assam on 24 June, 2020
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010065632020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1016/2020
1:TAMSER ALI
S/O- MD. AYANAL HAQUE, R/O- NO. 1 LARKUCHI, P.S. MUKALMUA, DIST.-
NALBARI, ASSAM.
VERSUS
1:THE STATE OF ASSAM
REP. BY THE PUBLIC PROSECUTOR, ASSAM.
Advocate for the Petitioner : MD M S ALI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 24.06.2020 Heard Mr. M.S. Ali, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned APP appearing for the State, who has produced the case diary and has opposed the prayer for bail.
By this application under section 438 Cr.P.C., the petitioner is seeking pre-arrest bail in connection with Mukalmua P.S. Case No. 52/2020 under section 376 AB IPC read with section 4 of POCSO Act corresponding to G.R. Case No. 267/2020.
The petitioner is accused of sexual assault on a minor girl aged about 3 (three) years old. By order dated 15.06.2020, this Court has granted interim bail to the petitioner. The Page No.# 2/3 relevant portion of the said order is quoted below:
"Mr. MS Ali, learned counsel for the petitioner by producing a Birth Certificate bearing Serial No. 1494044; Registration No.130/2010, dated 15.02.2010, issued by the Sub-Registrar, Birth and Death, Doulashal PHC and a copy of School Transfer Certificate issued by the Principal, Peradhara Higher Secondary School, Larkuchi respectively submits that the petitioner was a minor on the date of the alleged occurrence and as such, he is entitled to be released on pre-arrest bail.
Mr. D Das, learned Addl.P.P. submits that a perusal of the case diary reveals incriminating materials against the petitioner and the original Birth Certificate produced before this Court today by the learned counsel for the petitioner shows that the year recorded in the Birth Certificate was manipulated showing to be 2007 instead of 2001. Mr. Das, therefore, submits that the matter should be enquired by the concerned Investigating Officer with direction to submit a report urgently in this regard.
The petitioner's learned counsel agrees to produce the original documents, namely, the Birth Certificate and the School Transfer Certificate respectively, referred to above, before the I.O. within 2 days from today.
The investigating Officer to enquire into the authenticity of the above two Certificate sand submit report on or before 24.06.2020."
In view of the aforesaid directions, the learned counsel for the petitioner submits that he has produced the original birth certificate, school transfer certificate etc. before the I/O. The case diary so produced shows that the last investigation was done on 20.03.2020 and thereafter, the case diary was called for, the same is lying with the learned APP. It is further seen that by forwarding letter dated 11.06.2020, the updated case diary has been produced by the I/O in a pendrive. On perusal of the same, it appears that the same has been dispatched by the I/O prior to the passing of previous order dated 15.06.2020. The case diary reveals incriminating materials against the petitioner of disrobing and making sexual assault on the minor girl aged about 3 (three) years old. From the investigation carried out so far, the Court is of the considered opinion that this is not a fit case to grant the privilege of pre-arrest bail to the petitioner, namely, Md. Tamser Ali and, as such, this bail petition is rejected.
Page No.# 3/3 Before parting with the records, it may be pertinent to mention herein that as this Court had recorded in the order dated 15.06.2020 that there was some manipulation in the birth certificate produced showing it to be of year 2007 instead of 2001, this Court does not make any comment as to whether the petitioner is juvenile and/ or a child in conflict with law. Hence, it would be open to him to take appropriate defence, if so required in future.
This application stands disposed of.
Case diary along with the pendrive is returned.
JUDGE Comparing Assistant