ABDUL KALAM SK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) This matter has been taken up via video conferencing.

(2.) This is an application under section 439 Cr.P.C. filed by the Petitioner Shri Abdul Kalam Sk with a prayer for grant of bail on behalf of Shri Habibul Islam who is one of the accused in Special (POCSO) Case No 39 of 2020, pending in the court of the learned Special Judge (POCSO), West Garo Hills, Tura.

(3.) The brief facts of the case as narrated by the Petitioner in his application is that, on 21.08.2020, an FIR was lodged by one Shri Abdus Salam Akand before the Officer-in Charge, Tura Women Police Station, West Garo Hills, Tura stating that on 20.08.2020 at about 5.30 pm, when he came home, he saw his minor daughter, aged about 16 years 8 months profusely bleeding and on enquiry, he was informed that she was abducted and gang raped by three persons, viz; Habibul Islam@ Habbul, Mokabbir Hussain and Israful Hoque who had abducted her while she was no her way to tuition class by gagging her mouth and blind folding her after which she was taken to the house of Habibul Islam where she was raped by them. She was later found by one Smti Anisa Khatun who brought her home. The Informant then took her to the Phulbari Police Station and then to the Phulbari PHC from where she was referred to the Maternity and Child hospital, Tura for admission.