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2020 DIGILAW 427 (GAU)

Taybur Rahman Mazumder v. State Of Assam

2020-03-26

AJAI LAMBA

body2020
JUDGMENT 1. Taybur Rahman Mazumder has filed this application for bail under Section 439 of the Code of Criminal Procedure in Borkhola PS Case No.22/2020 (G.R. Case No.427/2020) registered under Sections 366/34 IPC. 2. The Court proceedings have been conducted by means of creating a Virtual Court with the help of technology, so as to maintain distance between the staff, Advocates and the Presiding Judge. 3. I have heard Mr. LR Mazumder, learned counsel for the applicant and Mr. NJ Dutta, learned counsel for the prosecution. 4. I have gone through contents of the FIR. It has been pleaded that Abdul Hasan Mazumder (non-applicant) with the assistance of three other accused kidnapped the daughter of the victim. Age of the daughter has been given in the FIR as 19 years. It has further been alleged that the victim has not been recovered. 5. Contention of learned counsel for the applicant is that admittedly it is not the applicant who committed the main offence, rather accusation is against the son of the applicant. It has been pleaded that son of the applicant has been in love with the victim and in consensual relationship the two have gone away and got married. 6. Learned counsel for the prosecution has opposed the application for bail on the ground that the victim has not been recovered till date. The name of the applicant finds mention in the FIR. 7. I have considered the rival contentions. 8. The applicant has been in custody for the last about 60 days. It is only after recovery of the victim, through her statement, all the facts would emerge. However, it has become evident that it is not the applicant who has taken away the victim. 9. Considering the totality of facts and circumstances of the case, the application is allowed. 10. It is hereby directed that the applicant, namely Taybur Rahman Mazumder be released on bail on his furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Cachar, Silchar. 11. It is further directed that in case the applicant approaches any witness or influences any witness, or delays the trial, the prosecution would be at liberty to seek cancellation of bail of the applicant. 12. Let copy of this order be provided under the signature of the Court Master.