Ajijul Hoque @ Ajijur Rahman vs The State Of Assam on 7 April, 2021

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Gauhati High Court

Ajijul Hoque @ Ajijur Rahman vs The State Of Assam on 7 April, 2021

Bench: Hitesh Kumar Sarma

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GAHC010059902021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)


                               Case No. : Bail Appln./798/2021


            AJIJUL HOQUE @ AJIJUR RAHMAN
            S/O LT. KHALILUR ALI, R/O ALOKJARI, P.S.-BOKO, DIST-KAMRUP (ASSAM)



            VERSUS


            THE STATE OF ASSAM
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM




Advocate for the Petitioner   : MR. A PARAMANIK


Advocate for the Respondent : PP, ASSAM




                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                          ORDER

Date : 07-04-2021 Heard Mr. A Paramanik, learned counsel for the accused-petitioner as well as Mr. H Sarma, learned Additional Public Prosecutor, appearing for the State respondent.

Page No.# 2/3 This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused- petitioner, namely, Ajijul Hoque @ Ajijur Rahman, in connection with Boko P.S. Case No. 338/2020 registered under Sections 417/376/384 of the IPC read with Section 4 of the POCSO Act.

Perused the petition as well as the annexures furnished therewith, including the copy of the FIR.

While the case was taken up during the 1 st half of the day, Mr. Paramanik, learned counsel for the petitioner has submitted that charge-sheet has not been laid in this case and the petitioner has been in custody for more than the statutory period prescribed for completion of investigation.

Mr. Sarma, learned Additional Public Prosecutor was desired by this Court to seek instructions from the Investigating Police Officer.

Accordingly, when the matter is taken up subsequently, during the session of the Court, Mr. Sarma, learned Additional Public Prosecutor has submitted, on instructions, that investigation of the case has not been completed and charge-sheet has not been laid. He has also agreed that the petitioner is now entitled to the grant of default bail to which submission, this Court also subscribes. Therefore, the petitioner is granted default bail.

Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 20,000/- with two suitable sureties of the like amount, to the satisfaction of learned Special Judge under the POCSO Act, Kamrup, Amingaon.

The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge under the POCSO Act, Kamrup, Amingaon, without prior written permission from him;

(b) shall hamper with the investigation, or tamper with the evidence of the case; and

(c) 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 Page No.# 3/3 Court or to any police officer.

The petition stands disposed of accordingly.

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