STATE OF ASSAM Vs. DILDAR HUSSAIN

JUDGEMENT

(1.) This application under Section 482 Cr.P.C., read with section 439 (2) of the Cr.P.C., is preferred by the state of Assam, represented its Investigating Officer, namely Adith Boro, S/o Tribendra Boro, of Village Bhogiram, Police Station & PO Doboka, District Hojai, Assam for cancellation of impugned bail order, dated 31.08.2021, passed by the learned Special Judge, (POCSO) Morigaon, in Bail Application No. 209/2021 (State of Assam Vs. Dildar Hussain @ Diljar Hussain @ Pagla Doctor), in Laharighat P.S. Case No. 53/2021, under sections 302/201/34 IPC read with section 376(1)(2) IPC, read with section 6 of the POCSO Act, and section 312/313/314/336/419 of IPC read with section 5(2)/5(3)/5(4) of Medical Termination of Pregnancy Act, 1971 read with section 21 of POCSO Act.

(2.) It is to be mentioned here that vide impugned order, dated 31.08.2021, the learned Special Judge (POCSO) Act, Morigaon has enlarged the accused, Dildar Hussain @ Diljar Hussain @ Pagla Doctor, S/o Late Ushon Ali, of Village Lahorighat, under Police Station Lahorighat, District Morigaon, Assam on interim bail for a period of three months in view of mandate of first proviso of sub-section (1) of section 437 of Cr.P.C., imposing three conditions that he shall appear before the court after three months i.e. on 30.11.2021, he shall not commit similar offence and that he 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 the court or to any police officer or tamper with the evidence.

(3.) Heard Mr. M. Phukan, learned P.P. Assam. Also heard Mr. A. Ahmed, learned counsel for the respondent No. 1.