THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA 15-03-2022 ORDER This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Md. Sohidul Hoque @ Fullu, in connection with Boko Police Station Case No. 1055/2021, registered under Sections 447/366/376/302/34 of the IPC, read with Section 4 of the POCSO Act. Heard Mr. N. Uddin, learned counsel appearing for the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor. Page No.# 2/2 The case diary produced has been perused. The learned counsel for the petitioner has submitted that the accused-petitioner has been in custody for 89 days with effect from the date of his arrest, excluding the date of remand. Mr. Gogoi, learned Additional Public Prosecutor has submitted that the investigation of the case has not been completed and the report in respect of viscera is yet to be collected. That being so, considering the length of detention of the petitioner in custody as well as stage of investigation, the petitioner is granted bail. Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.25,000/- with two suitable sureties, each of the like amount, to the satisfaction of learned jurisdictional Special Judge. The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall not leave the territorial jurisdiction of learned jurisdictional Special Judge, without prior written permission from him; (b) shall not hamper with the investigation of the case and 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. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant