(1.) Rajab Ali, Monowar Hussain and Rezzak Ali have preferred this application for bail under Section 439 of the Code of Criminal Procedure, 1973 in Barpeta P.S. Case No.1960/2019 (G.R. No.4775/19) under Section 147/148/341/307/326/ 325/427/382 I.P.C.
(2.) Contention of learned counsel for the applicants is that the story brought out by virtue of FIR at issue Barpeta P.S. Case No.1960/2019 (supra) is improbable. The facts required to be considered are that Barpeta P.S. Case No.1957/2019 was registered for commission of offence under Section 365/511/34 IPC read with Section 8 of POCSO Act in regard to the incident that took place at 7 A.M. on 15.09.2019. The said FIR has been placed on record at Annexure-6.
(3.) Perusal of the FIR indicates that an accusation was made against Talebar Sikdar to the effect that daughter of the informant (Rajab Ali) while going to the house of her uncle was victimized. Her modesty was outraged by Talebar Sikdar and his associates. It has further been brought out from the FIR that accused person tried to escape but he fell down and the public caught him in the act.