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2024 DIGILAW 1192 (GAU)

SAMIN MORTAZA S/O MD. SIRAJUL HOQUE v. STATE OF ASSAM

2024-08-28

PARTHIVJYOTI SAIKIA

body2024
ORDER : 1. Heard Mr. S. Munir, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam. 2. This is an application under Section 483 of the BNSS, 2023 praying for grant of regular bail to the petitioner Samin Mortaza who has been arrested in connection with Hajo P.S. Case No. 242/2024, registered under Sections 329(4)/64/62 of BNS. 3. One married woman has alleged that the petitioner is her colleague where she works as a professional. On the day of occurrence while the said woman was in her house, the petitioner entered into her house and tried to commit rape upon her. She says that at that time her husband came in and he saved her. 4. While the petitioner field a bail application before the court of the Sessions Judge, an affidavit was filed on her behalf wherein she stated that the entire incident had happened on mutual consent and she had no objection if the petitioner was released on bail. 5. The said affidavit is still available in the case diary. 6. After hearing the learned counsel of both sides and after going through the contents of the case diary, this Court is of the opinion that the petitioner does not deserve to be detained in custody for any further period of time. His bail application is allowed. 7. The petitioner Samin Mortaza who has been arrested in connection with Hajo P.S. Case No. 242/2024, registered under Sections 329(4)/64/62 of BNS, is allowed to go on bail of Rs. 25,000/- with a surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo, Kamrup. 8. The bail application is disposed of accordingly.