THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
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Judgment
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
08.05.2023 ORDER Heard Mr. S.M. Abdullah P., learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State respondent. Page No.# 2/3 This petition under Section 438 Cr.P.C., is filed for granting the privilege of pre-arrest bail to the petitioner, namely Faijul Islam, apprehending arrest in connection with Laharighat P.S. Case No. 410/2022 registered under Sections 365/376(3) of the IPC read with Section 10 of the Prohibition of Child Marriage Act, 2006 and Section 4 of POCSO Act, 2012. The case relates to commission of child marriage and marital sexual intercourse. It is noticed that co-accused persons are already released on bail by this Court vide order, dated 03.03.2023, passed in A.B. No. 496/2023 and B.A. No. 489/2023. Considering the allegation made in the complaint as well as the averments made in the petition maintaining parity in order, this Court is of the opinion that custodial interrogation of the petitioner, who is the maternal uncle of the FIR named accused No. 1, may not be required in the interest of the ongoing investigation. Accordingly, it is provided that in the event of arrest, the petitioner, named above, shall be released on pre-arrest bail, in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the arresting authority, subject, of course, to the following conditions: (i) That the petitioner shall appear before the Investigating Officer within 7 days, failing which, on and from the 8th day this pre-arrest bail order shall have no force; and (ii) That the petitioner 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 Page No.# 3/3 the Court or to any police officer. This disposes off the anticipatory bail application. Comparing Assistant JUDGE
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