Research › Search › Judgment

Gauhati High Court · body

2022 DIGILAW 76 (GAU)

ROFIQUL ISLAM v. STATE OF ASSAM

2022-01-27

SOUMITRA SAIKIA

body2022
JUDGMENT : Soumitra Saikia, J. 1. Because of COVID Pandemic situation, the Court proceedings are conducted through Video Conferencing. 2. Heard Mr. Z. Kamar, learned senior counsel assisted by Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State. 3. This is the second anticipatory bail application under Section 438 Cr.P.C., filed by the petitioner, namely, Rofiqul Islam in connection with the Bhelowguri P.S. Case No. 74/2021 under Sections 448/376/506/34 of IPC. 4. In the FIR dated 24.06.2021 which was lodged by the the informant one- Afia Khattun, on the basis of which Bhelowguri P.S. Case No. 74/2021 was registered it is alleged that the accusedpetitioner is a relative uncle-in-law and taking advantage of the absence of the husband of the informant the accused-petitioner illegally entered into her house on five occasions and established physical relationship with her against her will. The accused also threatened the informant that if she disclosed the information with anybody then she and her son will be killed and also that her husband will divorce her. On 14.06.2021 at about 11 pm., it is alleged that the accused-petitioner again entered into the house showing a dagger committed rape/physical relationship upon the informant against her will. The matter was reported to her husband and the issue was also brought before the village elders. Since she was not satisfied with the response from the village elders, the FIR was filed. 5. This Court vide order dated 23.08.2021 passed in the first anticipatory bail petition filed by the petitioner being AB No. 1952/2021 upon perusal of the case diary, rejected the bail on the basis of the 164 statement as well as the materials in the case diary that the petitioner had threatened the informant and her husband to withdraw the case registered. There is another case which was also registered being Bhelowguri P.S. Case No. 78/2021 under Sections 406/420/385/34 of IPC which was filed by the wife of the present petitioner against the informant in the present case. This Court vide earlier order directed the learned Additional Public Prosecutor to obtain the status report regarding that case. 6. We have heard the learned counsels for the parties. 7. Case diary called for has received and has been carefully perused. 8. This Court vide earlier order directed the learned Additional Public Prosecutor to obtain the status report regarding that case. 6. We have heard the learned counsels for the parties. 7. Case diary called for has received and has been carefully perused. 8. It is informed by the learned Additional Public Prosecutor that in respect of Bhelowguri P.S. Case No. 78/2021 under Sections 406/420/385/34 of IPC, the Investigating Officer has filed the Final Report on 27.08.2021 on the ground that there is a civil dispute between the families of the present petitioner and the informant. 9. Upon due perusal of the case diary, it is seen that although it was recorded by the Investigating Officer that a threat was issued by the petitioner to the informant, however no incriminating materials pursuant to such allegations are found in the case diary against the petitioner. Although the FIR has been lodged on 24.06.2021, and investigation has substantially progressed, no charge-sheet has yet been filed by the Investigating Officer. The petitioner has also approached before the Investigating Officer and his statement had also been recorded. Upon perusal of the case diary, it appears to the Court that custodial interrogation of the petitioner is not considered to be necessary in connection with the instant case. 10. Under the circumstances, the interim bail granted on 11.10.2021 is made absolute. The petitioner will continue to abide by the conditions laid down in the order dated 11.10.2021. 11. If any of the conditions mentioned in the order dated 11.10.2021 are found to be violated by the petitioner, the Investigating Officer is at liberty to file application for cancellation or recalling of the bail order granted to the petitioner. 12. Anticipatory bail application is allowed and disposed of. 13. Return the case diary.