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

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2027/2022 SADDAM HUSSAIN S/O HAMMED ALI R/O VILL- KHUTRADAL P.S. JAGIROAD, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MD B ISLAM Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA Date : 08.08.2022 ORDER Heard Mr. B. Islam, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned APP appearing for the State. Apprehending arrest in connection with Jagiroad P.S. Case No. 231/2022 under sections 363/368 IPC corresponding to G.R. Case No. 1178/2022, the Page No.# 2/2 petitioner has filed this application under section 438 Cr.P.C. The learned APP has produced the case diary and has opposed the prayer for bail. On perusal of the case diary, although it appears that the victim girl had voluntarily gone with the petitioner and that she was accustomed to physical relationship with the petitioner, nonetheless, the investigation reveals that the girl is a minor aged about 15 (fifteen) years and accordingly, the nature of investigation carried out so far indicates commission of cognizable offence of section 376 IPC as well as section 4 of the POSCO Act. It is also seen that pursuant to the order of the competent Court, apart from section 363/368 IPC, under which the case was registered, the I/O has added section 376 IPC as well as section 4 of the POCSO Act. In view of the added sections, on which the petitioner is being implicated, the Court is of the considered opinion that this is not a fit case for grant of pre- arrest bail to the petitioner, namely, Saddam Hussain. Hence, the prayer for pre-arrest bail is rejected. Case diary is returned. JUDGE Comparing Assistant