Gauhati High Court
R/O Lakhipur Awlatoli vs The State Of Assam And Anr on 12 June, 2025
Page No.# 1/4
GAHC010279882023
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case : I.A.(Crl.)/1108/2024
In CRL. A./ 461/ 2023
MONJUR ALAM @ MANJUR ALOM
S/O SOLEMAN SK.
R/O LAKHIPUR AWLATOLI
P.S.- LAKHIPUR
DIST.- GOALPARA.
VERSUS
THE STATE OF ASSAM AND ANR.
REP. BY P.P.
ASSAM.
2:AJIT TAPPO
S/O LATE KUWAR TAPPO
R/O DOLAIGAON MAZPARA NEAR FCI GODOWN
P.S.- BONGAIGAON
DIST.- BONGAIGAON
ASSAM
PIN- 783380.
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Advocate for : MR. M A SHEIKH
Advocate for : PP
ASSAM appearing for THE STATE OF ASSAM AND ANR.
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BEFORE
HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 12.06. 2025
1. Heard Mr. HRA Choudhury, learned senior counsel, assisted by Mr. M.A.
Sheikh, learned for the applicant, Monjur Alam @ Manjur Alom, who has
filed this interlocutory application under Section 389 Cr.P.C. (now Section 430 of
BNSS, 2023), for allowing the convict/applicant to go on bail during the
pendency of the appeal, which is preferred against the impugned judgment and
order of conviction and sentence dated 09.11.2023, passed by the learned
Sessions Judge, Bongaigaon in Sessions Case No. 06(BNG)/ 2021
(Corresponding to PRC Case No. 101/2020) whereby and where under, the
applicant was convicted under Section 376 (1) IPC in connection with Sessions
Case No. 06(BNG)/2021 and sentenced him to under simple imprisonment for
10 (ten) years and fine of Rs. 3,000/- with default stipulation.
2. The trial court record is received and perused.
3. Also heard Ms. T. Begum, learned counsel for the respondent No. 2 as well
as Ms. N. Das, learned Addl. Public Prosecutor for the State respondent No. 1.
4. It is submitted on behalf of the applicant that the applicant has been
behind the bars continuously since 09.11.2023 on the basis of the judgment and
order of conviction, which has been erroneously passed against the applicant.
5. It is submitted by the learned senior counsel for applicant that the victim
had entered into a marriage agreement with the applicant, which has been
proved through the documentary evidence as well as through oral evidence. It is
submitted that the evidence of defense witnesses ought to have been
considered by the learned trial court, but the learned trail court had ignored the
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evidence of the applicant/ appellant. He further submits that the appellant is
innocent and he has been implicated in a false case. Both the appellant and the
victim had love relationship and the victim went to the appellant at her own
volition and she stayed in different places with him. The cross-examination of
the victim clearly reflects that they had stayed in residences occupied by the
family members and confinement is not plausible.
6. The learned counsel for the respondent No. 2, Ms. T. Begum has raised
serious objection on the prayer of bail and has submitted that the medical
report clearly reveals that the victim was assaulted by the applicant.
7. The learned Addl. P.P., Ms. N. Das has also submitted that the evidence of
the victim is sufficient to bring home the charges of the sexual assault against
the applicant. However, the evidence of the victim is substantiated by the
evidence of the other witnesses.
8. I have scrutinized the trial court record.
9. I have considered the submissions at the bar with circumspection.
10. At this juncture, the merits of the case are not brought to the fore as the
final decision of the appeal will be on the basis of the merits of the case.
11. I have considered that the applicant has pledged to co-operate with the
appeal, during its pendency.
12. The applicant is a local resident and he is not a flight risk. It appears that
bail may be granted to the applicant.
13. In view of the above, the applicant named above shall be enlarged on bail
on furnishing a bond of Rs. 50,000/- with a suitable surety of like amount to the
satisfaction of the learned trial court in connection with the aforesaid case under
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the following conditions that:-
(1) The applicant shall not exercise threats to the victim and shall not
go to anywhere near the vicinity of the victim.
On breach of any of the conditions, the jurisdictional court shall be
at liberty to immediately cancel the bail granted to the applicant.
14. In the meanwhile, the operation of the impugned judgment and order of
conviction and sentence dated 09.11.2023, passed by the learned Sessions
Judge, Bongaigaon in Sessions Case No. 06(BNG)/ 2021 shall remain stayed till
disposal of the appeal.
15. In terms of the above observations, the interlocutory application stands
disposed.
JUDGE
Comparing Assistant
