THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
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Judgment
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK BEFORE 14-06-2023 ORDER Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. M. H. Alam, learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the State. By this application under Section 439 CrPC, the petitioner, namely, Izaz Ahmed is seeking bail in Bongaigaon P.S. Case No. 217/2023 registered under Sections Page No.# 2/3 354D/354C/376(2)(n)/368/ 295A/506 IPC, corresponding to G.R. No.354/2023. As per the FIR of the case lodged by the mother of the victim stating that the petitioner, who was known to her daughter, blackmail her for the last two years, recorded nude video of her daughter compelling her to establish physical relation with him and that on 25.05.2023, he forcefully abducted her daughter by enticing her. Later, she came to know that the petitioner abducted her daughter and kept her at Nunjhar, Patiladaha in the residence of the maternal aunt of the petitioner.
In the FIR, the informant also stated that the petitioner threatened her that, if she lodges any FIR, she has to face dire consequences and that he will kill informant’s son and daughter. Earlier, also on 29.01.2023, the petitioner tried to kill her son by Bolero vehicle when her son told him not to follow her daughter. The petitioner was apprehended on 25.05.2023 and since then, he is in custody. Perused the case diary produced before the Court today, by Mr. Goswami, learned Additional Public Prosecutor, Assam. Case diary reveals that the petitioner along with another accused recorded nude video of the victim and he was apprehended and taken into custody at that stage while he with other persons was recording nude video of the victim, a owner of the house informed police at night on 25.05.2023. Perused the statement of victim recorded by the I.O. of the case under Sections 161 CrPC as well as 164 CrPC recorded by the learned Magistrate on 29.05.2023.
Case diary reveals sufficient incriminating materials against the petitioner regarding his involvement in the alleged crime more particularly, taking nude video of the victim along with another accused in compelling situations. Finding sufficient incriminating materials in the case diary against the petitioner regarding his involvement in the alleged crime, the Court is of the view that it is not a fit case to grant bail to the petitioner, namely, Izaz Ahmed, in said Bongaigaon P.S. Case No.217/2023. Accordingly, this bail application of the petitioner, namely, Izaz Ahmed, in said Bongaigaon P.S. Case No.217/2023 stands rejected. Return the case diary herewith. Page No.# 3/3 JUDGE Comparing Assistant
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