Mahar Ali vs The State Of Assam And Anr on 2 August, 2021

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Gauhati High Court

Mahar Ali vs The State Of Assam And Anr on 2 August, 2021

Bench: Hitesh Kumar Sarma

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GAHC010111642021




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


                                   Case No. : AB/2144/2021

            MAHAR ALI
            S/O LATE MOINUDDIN
            P.O. SADHUBHASA PART-II,
            P.S. GAURIPUR
            DIST. DHUBRI, ASSAM
            PIN-783331



            VERSUS


            THE STATE OF ASSAM AND ANR
            REP. BY THE PP, GOVT. OF ASSAM

            2:AZBHANU BIBI
             W/O ZAMAL ALI
            R/O VILL- SADHUBHASA
             PART-II
            P.S. GAURIPUR
            DIST. DHUBRI
            ASSAM
            PIN-78333


Advocate for the Petitioner   : MR. J KALITA


Advocate for the Respondent : PP, ASSAM
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                                     BEFORE
                    HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

                                      ORDER

Date : 02-08-2021 The Court proceedings have been conducted through Video- Conference due to COVID-19 pandemic.

Heard Mr. J Kalita, learned counsel for the petitioner. Also heard Mrs. SH Borah, learned Additional Public Prosecutor appearing for the State respondent, who has objected to the prayer.

This is an application, filed under Section 438 of the Cr.PC. seeking pre- arrest bail of the petitioner, namely, Mahar Ali, in connection with Gauripur PS Case No. 140/2021 registered under Sections 354(A)/354(B)/354/323/34 of the IPC read with Section 12 of the POCSO Act.

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

Heard on the interim prayer.

Considering the nature of the offence alleged, this court is of the view that till a final decision is taken on perusal of the materials in the case diary, the accused-petitioner shall remain on interim pre-arrest bail till the next date fixed, i.e., 24.08.2021.

The accused-petitioner will appear before the Investigating Police Officer within a period of 7 (seven) days from today, and, in the event of his arrest, he shall be released on furnishing a bail bond of Rs. 20,000/- with one suitable surety of the like amount to the satisfaction of the arresting authority, on the following conditions:-

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1. The petitioner shall not leave the territorial jurisdiction of the aforesaid police station, without prior written permission from its officer-in-charge,

2. The petitioner shall not hamper with the investigation, or tamper with the evidence of the case, and

3. The 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 Court or to any police officer.

Call for the case diary.

List the matter on 24th August, 2021.

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