SRI PHANIDHAR SAIKIA @ NALIA v. THE STATE OF ASSAM & Anr.

SRI PHANIDHAR SAIKIA @ NALIA S/O LATE MOHAN SAIKIA R/O VILL-GIRIYA BHONGA P.S. JORHAT DIST. JORHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSCUTOR, ASSAM 2:SMTI MADHUSMITA BORA W/O RAMEN BORA RESIDENT OF VILLAGE GORIYA BHONGA P.O. NIMATI P.S. NIMATI DIST. JORHAT ASSA Advocate for the Petitioner : MS. B SARMA, LEGAL AID COUNSEL Advocate for the Respondent : PP, ASSAM, MS. M BARMAN, LEGAL AID COUNSEL (R2) BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA Date : 04-04-2025 ORDER Page No.# 2/3 Heard Ms. B. Sarma, the learned Legal Aid Counsel appearing for the accused-petitioner and also heard Ms. M. Barman, the learned Legal Aid Counsel appearing for the informant/respondent no. 2 and Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing on behalf of the State respondent no. 1.

This is an application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 08.08.2024 in connection with Jorhat P.S. Case No. 316/2024 u/s 332(b)/65(1) of Bharatiya Nyaya Sanhita (BNS) R/W Sections 4/15 of Protection of Children from Sexual Offences Act, 2012 and Special POCSO Case No. 68/2024.

Heard the submissions made by learned counsel for both sides. The scanned copy of the case record along with the Case Diary is received and perused the same.

It is submitted by Ms. Sarma that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the FIR. He got arrested in connection with the case on 08.08.2024 and is behind the bars since more than 7 months and the case is at the stage of evidence. Considering his long detention period he may be released on bail. However, he being a permanent resident of his addressed locality there is no chance of absconding and he will appear before the learned Trial Court below on each and every date to be fixed by the Court.

Mr. Baruah, the learned Additional Public Prosecutor submitted in this regard that till date the evidence is not yet started and the case was fixed for consideration of charge on 21.03.2025. The learned Additional Public Prosecutor Page No.# 3/3 further submitted that there are sufficient incriminating materials against the present petitioner and in the statement made by the victim u/s 183 BNSS. Accordingly, he submitted that till the recording of the evidence of the victim, prayer may not be considered.

Ms. Barman, the learned Legal Aid Counsel for respondent no. 2/ informant also submitted that the petitioner is still threatening the informant side and on the basis of which she also filed 2/3 applications before the learned Trial Court below not to release the accused on bail at this stage and she also raised objection that till the recording of the evidence of the victim the prayer of bail may not be considered.

Considering the submissions made by learned counsel for both sides, the gravity of the offence and also considering the fact that the victim has not yet been examined and there may be probability of hampering and tampering with the evidence of the witnesses, I do not find it proper to allow the bail at this stage and hence the same stands rejected. JUDGE Comparing Assistant