Bail can be granted under stringent conditions when the investigation has progressed significantly, even if the petitioner is not named in the FIR.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Prohibition of Child Marriage Act, 2006 - Section 9/10/11 - Pre-arrest bail application - Petitioner apprehending arrest in connection with a case of suicide of a victim compelled to marry against her will - The petitioner, being a Qazi, is not named in the FIR but fears arrest - Court finds that investigation has progressed sufficiently, and bail can be granted with stringent conditions. (Paras 1, 6, 8)

(B) Bail - Conditions - Petitioner must appear before the Investigating Officer, refrain from alleged activities, and not leave jurisdiction without permission - Breach of any condition will result in automatic cancellation of bail. (Paras 8, 9)

Facts of the case:
The victim committed suicide due to compulsion to marry the prime accused against her will. Petitioner’s involvement is based on his role as a Qazi, although not mentioned in the FIR.

Findings of Court:
Bail is granted under strict conditions to ensure cooperation with the investigation.

Issues: Whether the petitioner, not named in the FIR, is entitled to anticipatory bail despite allegations.

Ratio Decidendi: The court emphasized that bail can be granted when the investigation has made significant progress and the petitioner is willing to comply with conditions.

Result: Petition allowed.

ORDER

Date : 16-09-2024 Heard Mr. A.K. Ahmed, learned counsel for the petitioner Md. Taimuddin, who has filed this application under Section 482 of the Code of Criminal Procedure , 1973 with prayer for pre-arrest bail as he is apprehending arrest in connection with Goroimari Police Station Case No. 81/2024 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 read with Section 9/10/11 of the Prohibition of Child Marriage Act , 2006.

2. Heard Mr. D. Das, learned Additional Public Prosecutor, Assam for the respondent State.

3. The FIR unfolds that the victim X has committed suicide as she was compelled to marry the prime accused against her will.

4. It is submitted on behalf of the petitioner that the petitioner’s name is not mentioned in the FIR but as he is a Qazi, he is apprehending arrest in connection with this case.

5. Learned Additional Public Prosecutor has raised serious objection stating that the petitioner is not entitled to bail as he has violated the law.

6. I have also scrutinized the Case Diary. The merits of the case are not brought to the fore. However, I am of the opinion that bail can be granted to the petitioner. Investigation has progressed to a considerable extent. The petitioner has pledged to abide by any stringent bail conditions if imposed upon them and to cooperate with the remaining part of investigation.

7. Considering all aspects, petition is allowed.

8. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the arresting authority under the conditions that :-

(i) The petitioner shall appear before the Investigating Officer within one week and cooperate with the investigation.

(ii) The petitioner shall refrain from such activities with which he is alleged.

(iii) The petitioner shall not leave the jurisdiction of the Court without prior permission.

9. On breach of any of the bail conditions, bail order shall stand automatically cancelled.

10. In terms of the above, this Anticipatory Bail application stands disposed of.

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2024 Supreme(Online)(GAU) 7634

HIGH COURT OF GAUHATISusmita Phukan Khaund, JMD TAIMUDDIN – AppellantVersusTHE STATE OF ASSAM – RespondentAB / 2317 / 2024

Bail can be granted under stringent conditions when the investigation has progressed significantly, even if the petitioner is not named in the FIR.

HIGH COURT OF GAUHATI
Susmita Phukan Khaund, J
MD TAIMUDDIN – Appellant
Versus
THE STATE OF ASSAM – Respondent
AB / 2317 / 2024