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2022 DIGILAW 17 (GAU)

Kunsur Ali @ Kunsur Ali Sk v. State Of Assam

2022-01-05

HITESH KUMAR SARMA

body2022
JUDGMENT : 1. This is an application, filed under Section 438 of the Cr.PC. seeking pre-arrest bail of the accused-petitioners, namely, 1) Kunsur Ali @ Kunsur Ali Sk. and 2) Ratul Islam @ Mohibur Islam, in connection with Kokrajhar Police Station Case No.772/2021 registered under Sections 376/506/511/34 of the Indian Penal Code, read with Section 18 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard Mr. T.J. Mahanta, learned senior counsel assisted by P.P. Dutta, learned counsel for the petitioners. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam appearing for the Respondent State. 3. Case diary produced has been perused, including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure. In her such statement recorded under Section 164 of the Code of Criminal Procedure, the victim has implicated the petitioner with the commission of an offence of attempted rape. It has come out from her such statement that the informant has touched her hand as well as the breast. From the statement of the other witnesses, it appears that they have no independent knowledge of the situation and rather they are witness to the situation aftermath of the occurrence. The village headman, as witness, has stated that he was not even told about the occurrence either by the victim or by the informant. The offence alleged in the instant case, prima facie, appears to have been an offence punishable under Section 354A of the I.P.C., although the case has been registered under Sections 376/511 of the Indian Penal Code. 4. On consideration of the materials available in the case diary as well as the observation made by this Court, as above, this Court is of the view that petitioners are entitled to the grant of privilege of pre-arrest bail. 5. Interim protection granted to the petitioner No.2, vide order dated 23.11.2021, is made absolute by this order on the same terms and conditions. 6. So far petitioner No.1- Kunsur Ali @ Kunsur Ali Sk., is concerned, he is granted the privilege of pre-arrest bail. 7. Accordingly, it is provided that in the event of arrest of the petitioner No.1 above named, in connection with the case aforementioned, he shall be released on bail on his furnishing bail bond of Rs.15,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. 8. 7. Accordingly, it is provided that in the event of arrest of the petitioner No.1 above named, in connection with the case aforementioned, he shall be released on bail on his furnishing bail bond of Rs.15,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority. 8. The direction for pre-arrest bail is subject to the conditions that the petitioner No.1 : (a) shall appear before the Investigating Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) 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. 9. Any observation made in this order is for the purpose of this bail application only. 10. The petition stands disposed of accordingly. 11. Return the case diary.