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

Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

28.02.2022 ORDER Heard Mr. M. Khan, learned counsel appearing for the accused petitioner as well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. By this second petition under Section 439 Cr.P.C., the accused-petitioner, namely, Ismail Hoque @ Ismail Husain, has prayed for grant of bail in connection with South Salmara P.S. Case No.16/2022 under Sections 366 of the IPC. The case diary, as called for, is placed before the Court. The allegation made in the F.I.R. is that on 05.01.2022 at about 6.45 pm, Page No.# 2/2 the accused has kidnapped the informant’s minor daughter and confined at an unknown place. The informant also stated that one, Firoj Ali assured her that he would hand over the kidnapped girl to her. So, there was delay in filing the F.I.R. It is noticed that the accused petitioner has been in judicial custody since

09.01.2022, that is, for 51 days. It is further noticed that the victim’s date of birth is 29.12.2006 and as such, on the date of alleged occurrence, that is, on 05.01.2022 she was aged about 15 years. The medical report does not reveal any external injury on the person of the victim girl. The victim girl in her statements recorded under Sections 161 and 164 Cr.P.C. has implicated the accused petitioner and others with the alleged offences of kidnapping and rape on her. Accordingly, the learned C.J.M, South Salmara, Mankachar, on the prayer of the investigating officer has added Section 376 IPC and Section 4 of the POCSO Act. The investigation is yet to be completed. Therefore, the bail application of the accused petitioner stands rejected. Return the case diary. This disposes of the bail application. Comparing Assistant JUDGE