Shaha Alom @ Shah Alom Sk vs The State Of Assam
2022 Latest Caselaw 3280 Gua

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GAHC010169952022




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

                                   Case No. : AB/2445/2022

            SHAHA ALOM @ SHAH ALOM SK
            S/O AWAL SK.
            R/O VILL- GERAMARI PT.IV
            P.O. GAURIPUR
            P.S. GAURIPUR
            DIST. DHUBRI, ASSAM



            VERSUS

            THE STATE OF ASSAM
            REP. BY THE PP, ASSAM



Advocate for the Petitioner   : MRS. K DEVI

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                   HONOURABLE MR. JUSTICE KALYAN RAI SURANA

                                          ORDER

30.08.2022

Heard Ms. K. Devi, learned counsel for the petitioner as well as Mr. Bhaskar Page No.# 2/3

Sarma, learned APP for the State.

The petitioner, namely, Shaha Alom @ Shah Alom Sk who is apprehending arrest in connection with Gauripur P.S. Case No. 219/2015 under sections 120- B/341/323/366-A of the I.P.C., has filed this application under section 438 Cr.P.C., for pre-arrest bail.

Let the case diary be produced on 16.09.2022 along with medical report of the victim, if any.

It is noted that on the basis of the complaint petition, the learned Chief Judicial Magistrate, Dhubri had directed the police to register a case and accordingly, Gauripur P.S. case no.219/2015 was registered under sections 120- B/341/323/366-A of the I.P.C.

It is also noted that in connection with the similar set of allegations, the petitioner was acquitted vide judgment and order dated 22.11.2018 passed by the learned Additional Sessions Judge, Dhubri in Sessions case no.19/2016 under section 417/376/323/506/34 IPC, wherein it is mentioned that there was consensual sexual relationship between the victim and the petitioner.

Under such circumstances, the Court is inclined to grant pre-arrest bail to the petitioner namely, Shaha Alom @ Shah Alom Sk by providing that in the event of arrest of the petitioner named above, in connection with Gauripur P.S. Case No. 219/2015, he shall be released on bail on furnishing bail bond of Rs.40,000/- (Rupees forty thousand only) with one suitable surety of like amount to the satisfaction of the arresting officer.

The interim bail is granted on the following conditions:

1. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when Page No.# 3/3

required.

2. 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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.

3. The petitioner shall not obstruct the smooth progress of the investigation/trial.

4. The petitioner shall not misuse his liberty in any manner.

5. The petitioner shall not jump over the bail.

6. The petitioner shall appear before the IO of the aforesaid case within a period of 7(seven) days.

List the matter on 16.09.2022 along with the case diary.

JUDGE

Comparing Assistant