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

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1166/2023 BATEN ALI S/O- LT. RAIJUDDIN, PERMANENT R/O- VILL- BALIKURI, P.S. KALGACHIA, DISTRICT- BARPETA, ASSAM, PRESENTLY RESIDING AT HOUSE NO. 21, BYE-LANE- 17, FAKARUDDIN ALI AHMED NAGAR, PANJABARI ROAD VERSUS THE STATE OF ASSAM AND ANR REP. BY P.P., ASSAM 2:MOHAMMAD ALI (INFORMANT) C/O- GAHAR ALI VTC- BURHA BURI P.O. BURABURI SUB-DISTRICT- MAYONG DIST.- MORIGAON ASSAM, PIN- 78241 Advocate for the Petitioner : MS N BEGUM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR Date : 26.04.2023 ORDER Heard Ms. N. Begum, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor for the State/respondent. Page No.# 2/2 By this petition under Section 439 Cr.P.C., the petitioner, namely, Md. Baten Ali, has prayed for grant of bail in connection with Dispur P.S. Case No. 393/2023 registered u/s 376(3) of the IPC r/w Section 6 of the POCSO Act. The case diary, as called for, is placed before this Court. It is noticed that the accused petitioner is behind the bar since 06.03.2023, i.e. for 52 days. The matter relates to commission of rape on the minor daughter of the informant by the FIR named accused petitioner. A perusal of the case diary, it appears that there is prima facie implicating material against the accused petitioner. Medical report of the minor victim, who is aged about 13 years 1 month, reveals no injury on her person. In the backdrop of facts and evidence, as emerged from the case records, this Court is of the opinion that on the ground of length of detention only, the accused petitioner cannot be enlarged on bail. Therefore, the bail application stands rejected. Return the case diary. This disposes of the bail application. JUDGE Comparing Assistant