THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Bail granted
is of the considered opinion that if bail is granted to the petitioner, stringent
Provisions considered
- Indian Penal Code, 1860 ss. 34, 294(A), 325, 376D, 377, 379, 427, 448, 457, 506
- Code of Criminal Procedure, 1973
Key paragraphs
- Para 66. The petitioner shall appear before the IO within ten days and thereafter appear once every 15(fifteen) days till his personal appearance is dispensed with or charge sheet is submitted whichever is earlier. In the event the petitioner makes any attempt to threaten to the…
Judgment
Advocate for the Petitioner : MR. P K MUNIR Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA Date : 13-09-2022 ORDER Heard Mr. P.K. Munir, learned counsel for the petitioner as well as Mr. Bhaskar Sarma, learned APP for the State. The petitioner, namely, Md. Siddik Ali who was arrested on 04.07.2022 in connection with Sualkuchi River P.S. case no.04/2022 under section 457/376D/377 IPC is seeking regular bail by filing this application under section Page No.# 2/4 439 Cr.P.C. The learned APP has produced the case diary and has opposed the prayer for bail. In terms of the order dated 01.09.2022, the learned APP has obtained the status of the investigation and updated information from the IO and it is submitted that the petitioner as well as the victim, who has been sexually assaulted by the petitioner, reside in the same locality and therefore there exists reasonable apprehension that the petitioner, who is a habitual offender, and also an accused in Sualkuchi River P.S. case no.7/2022 u/s 448/ 294(A)/ 325/ 427/ 506/ 379/34 IPC, would take revenge and therefore, the victim of rape would be always under threat for her life and property.
Operative part
It is submitted that in the present case in hand, the petitioner had cut open of the door of the house of the victim with a dagger and then raped her. On perusal of the materials on record, it is apparent that the allegations against the petitioner are serious and as per the case diary, the petitioner is a habitual offender and there is another police case against him. Hence, the Court is of the considered opinion that if bail is granted to the petitioner, stringent condition has to be imposed on him. Under such circumstances, as the petitioner has already suffered 68 days judicial custody since arrest, the Court is inclined to release the petitioner, namely, Md. Siddik Ali in connection with Sualkuchi River P.S. case no.04/2022, on bail on furnishing a bail bond of Rs.2,50,000/- (Rupees two lakh fifty thousand only) with two surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo, Kamrup.
It is provided that out of two bailors, one bailor should offer his immovable property as security for bail, having sufficient value to cover the bail amount. Also out of the bail amount of Rs.2,50,000/-, the petitioner shall Page No.# 3/4 deposit a sum of Rs.50,000/- in cash before the Court of learned Judicial Magistrate First Class, Hajo, Kamrup along with an undertaking that in the event the petitioner makes any attempt to meet or threaten the victim, he would have no objection if the said amount of Rs.50,000/- is forfeited by the State. Bail is granted on the following conditions:
That the petitioner shall appear before the Court in the present case as and when required.
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 Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness.
That the petitioner shall not obstruct the smooth progress of the investigation/trial.
That the petitioner shall not misuse his liberty in any manner.
That the petitioner shall not jump over the bail.
The petitioner shall appear before the IO within ten days and thereafter appear once every 15(fifteen) days till his personal appearance is dispensed with or charge sheet is submitted whichever is earlier. In the event the petitioner makes any attempt to threaten to the victim or any member of her family or if any condition for grant of bail is violated, it would be open to the IO to approach the jurisdictional Court and apply for cancellation of bail. Case diary is returned. Application is disposed of. Page No.# 4/4 JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: is of the considered opinion that if bail is granted to the petitioner, stringent
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 34, 294(A), 325, 376D, 377, 379, 427, 448, 457, 506; Code of Criminal Procedure, 1973.
Which court decided this case, and when?
Gauhati High Court, on 13 Sep 2022. The bench was KALYAN RAI SURANA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.