Gauhati High Court
Jiyarul Hoque @ Jiarul Hoque vs The State Of Assam on 1 April, 2021
Author: Ajit Borthakur
Bench: Ajit Borthakur
Page No.# 1/3
GAHC010060722021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./802/2021
JIYARUL HOQUE @ JIARUL HOQUE
S/O ABDUS SAMAD, R/O VILL-KANHARA, P.S.-CHHAYGAON, DIST-
KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR H R A CHOUDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
01.04.2021 Heard Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the accused petitioner. Also heard Mr. N.J. Dutta, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
By this petition under Section 439 Cr.P.C., the petitioner, namely Jiyarul Hoque @ Jiarul Hoque has prayed for grant of bail in connection with Chhaygaon P.S. Case No. Page No.# 2/3 205/2021 u/s 376/354C/506 of the IPC.
Call for the case diary along with the victim's medical report and her statement under Section 164 Cr.P.C.
Mr. H.R.A. Choudhury, learned Sr. Counsel appearing for the accused petitioner, submits that the accused has been behind the bar for 33 days despite being innocent. Mr. Choudhury further submits that the alleged victim woman by swearing an affidavit vide Annexure IV averred that she admitted to have filed a false case against the accused.
Mr. N.J. Dutta, learned Addl. Public Prosecutor, submits that the F.I.R. and the accused forwarding report show prima facie incriminating material against the accused. However, the victim has retracted her case with the filing of the above affidavit declaring that the case was not based on truth.
As per the F.I.R., on 23.02.2021 at about 10 p.m., when the victim woman was at home alone, the accused petitioner committed rape on her.
Undoubtedly, as per the F.I.R. and the accused forwarding report there is prima facie incriminating material against the accused petitioner.
It is, however, noticed that the alleged victim by filing an affidavit, dated 05.03.2021, has declared, inter-alia, as reproduced hereunder "2. That I am the Informant/victim in Chhaygaon P.S. Case No. 205/21 registered under Sections 376/354C/506 of the IPC.
3. That on 24/2/21 I lodged an F.I.R. with Jorshimuni Outpost against the accused, Jiyarul Hoque, aged about 31 years, son of Abdus Samad, permanent resident of village-Kanhara, P.S.- Chhaygaon in the district of Kamrup, Assam bringing about the allegations of rape on me and during investigation the said accused was arrested and was sent to Central jail, Lakhara, Guwahati.
4. That the allegation of rape and video recording thereon in the said case is a completely false and concocted story and I did the same on the dictation of one Abdul Halim, son of Late Zafar Ali, permanent resident of village- Tukrapara, P.S.- Chhaygaon in the district of Kamrup, Assam, PIN-781137 on his threat and he promised me to give Rs.90,000/- if I can manage to get the present accused in such a false case."
As the victim/informant has declared on oath that she filed a false case against the Page No.# 3/3 accused alleging commission of a serious offence against her, which resulted in his arrest and detention for 33 days since 28.02.2021, this Court is of the opinion that necessary action under the appropriate provisions of law may be required to be initiated against her.
Issue notice to the informant in her address given in the affidavit.
Notice to be served through the Officer-in-Charge of Chhaygaon P.S. Registrar (Judicial) to take steps.
Meanwhile, it is directed that the accused petitioner shall be released on interim bail of Rs.20,000/- (Rupees Twenty Thousand) only to the satisfaction of learned C.J.M., Kamrup (R), Amingaon.
List on 07.05.2021.
JUDGE Comparing Assistant