Gauhati High Court
Shakirul Islam vs The State Of Assam on 25 August, 2020
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010084912020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB 1490/2020
1:SHAKIRUL ISLAM
S/O- AMIR UDDIN, VILL- KHAIRAMARI, PS-DHING, DIST- NAGAON,
ASSAM
VERSUS
1:THE STATE OF ASSAM
REP. BY PP ASSAM
Advocate for the Petitioner : MR. A M AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 25-08-2020 Heard Mr. A. Motin, learned counsel for the accused-petitioner and Mr. T.K. Misra, learned Additional Public Prosecutor for the respondent, State of Assam.
2. By this application under Section 438, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Shakirul Islam has approached this Court seeking pre-arrest bail apprehending his arrest in connection with Dhing Police Station Case no. 54/2020 registered for offences under Section 376, Indian Penal Code (IPC).
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3. As per the informant, she is a student of B.A. 4 th Semester course in Batadrava Sankardev College and 22 years of age. She was pursuing her studies by staying at her maternal grandfather's house. It is stated by her that a relationship had grown between her and the accused-petitioner, who is a neighbour to her maternal grandfather. The accused- petitioner stated to have expressed his willingness to marry her and accordingly, the informant accepting his proposal, used to go out with him to various places. It is alleged that on the assurance of marrying her after passing Higher Secondary Examination, the accused- petitioner had continued physical relationship with her. The informant stated to have agreed for physical relationship only in view of the assurance of the accused-petitioner to marry her. The informant has now brought an accusation that even after elapse of two years from her passing the Higher Secondary Examination, the accused-petitioner has not married her. It is further mentioned that on 03.10.2019, the accused-petitioner took the informant to his house and with the assistance of his father and brother, she was assaulted and administered poison. For such poisoning, she had to be hospitalized in B.P. Civil Hospital, Nagaon. In respect of the incident dated 03.10.2019, the father of the informant had already lodged an FIR on 04.10.2019 and the same has been registered as Dhing Police Station Case no. 479/2019 for offences under Sections 120B/366/323/307, IPC. With the aforesaid allegations, the informant has lodged the complaint, C.R. Case no. 68/2020 before the Court of Chief Judicial Magistrate, Nagaon which on being forwarded under Section 156(3), CrPC, has been registered as Dhing Police Station Case no. 54/2020.
4. It is submitted on behalf of the accused-petitioner that the accused-petitioner and the informant had relationship since more than three years and they are students of the same college. It is further submitted that the family members of the informant are opposed to the said relationship and in protest of such opposition, the informant had earlier consumed poison on 03.10.2019. In respect of the said incident, Dhing Police Station Case no. 479/2019 has already been registered and the investigation is in progress. Referring to the above sequence of events, it is submitted on behalf of the accused-petitioner that the present set of allegations could have been brought in the earlier FIR of Dhing Police Station Case no. 479/2019, but the same were not made, thereby, making it evident that the allegations are afterthoughts.
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5. Mr. Misra, learned Additional Public Prosecutor has submitted that he has received the concerned case diary. In her statement recorded under Section 164, CrPC, the informant has reiterated the same allegations. From her statement, it transpires that the accused-petitioner and the informant had relationship including physical relationship, since a number of years. Pursuant to the interim order dated 22.06.2020, the accused-petitioner has appeared before the Investigating Officer of the case and after due interrogation, his statement has been recorded and he is found cooperating with the investigation of the case.
6. I have considered the submission of the learned counsel for the parties and perused the materials available in the case diary. From the materials, it transpires that the informant has admitted of having physical relationship with the accused-petitioner. In the FIR lodged at earlier point of time on 04.10.2019 in respect of the incident dated 03.10.2019, the informant's side has not made such accusation as has been made in the present FIR.
7. Upon due consideration of the facts that the accused-petitioner is cooperating with the investigating of the case, custodial detention of the accused-petitioner for the purpose of further investigation of the case can be dispensed with provided he continues to extend his assistance and cooperation with the further investigation of the case by joining the investigation and his release on bail at this stage of investigation is not likely to bring any effect in the course of investigation in any prejudicial manner.
8. Accordingly, the interim protection granted to the accused-petitioner by order dated 22.06.2020 is made absolute, subject to the conditions that :
[1] The accused-petitioner shall appear before the Investigating Officer of Dhing Police Station Case no. 54/2020 once in every fortnight for the next 2 (two) months;
[2] The accused-petitioner shall co-operate with the investigation and make himself available for interrogation whenever required by the Investigating Officer of the case;
[3] The accused-petitioner shall not, directly or indirectly, make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
[4] The accused-petitioner shall not obstruct or hamper the police investigation and not Page No.# 4/4 play mischief with the evidence collected or yet to be collected by the police;
[5] The accused-petitioner shall maintain law and order and he shall not commit an offence similar to the offence of which he is accused, or of the commission of which he is suspected;
[6] The accused-petitioner shall regularly remain present during the trial and co-operate with the Court to complete the trial for the above offences, if charge sheeted in the case.
The application stands disposed of in the aforesaid terms.
JUDGE Comparing Assistant