THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.
Case at a glance
Outcome
Disposed of
The bail application stands disposed of
Provisions considered
Judgment
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
16.10.2023 ORDER Heard Mr. M. Ahmed, learned counsel appearing for the accused petitioner Page No.# 2/3 as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent No.1. None appears for the respondent No.2. By this petition under Section 439 Cr.P.C., the accused-petitioner, namely Rohit Ray has prayed for grant of bail in connection with Azara P.S. Case No. 163/2023 under Section 8 of the POCSO Act. Notice by dasti mode as well as by registered post with A/D were issued to the respondent No.2, but the same has not returned. The FIR, dated 17.08.2023 reveals the allegation that at about 2 pm, the informant’s daughter aged about 8 years went to the house of the accused petitioner to pluck lemon, where he lured her to give 50 rupees and touched her chest. However, the victim somehow managed to escape from the place of occurrence and disclosed everything to her maternal aunt. It is noticed that the accused petitioner has been in judicial custody since
Operative part
18.08.2023, that is, for 60 days. Mr. B. Sarma, learned Addl. Public Prosecutor, submits that no instruction has been received as to whether the investigating officer has completed the investigation or not. Upon consideration of the nature of allegation made in the FIR and the accused Forwarding Report and hearing the learned counsel for both sides and further consideration of the length of detention of the accused petitioner, this Court is of the opinion that his further continuation of detention in the interest of investigation may not be required. Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs.40,000/- (Rupees Forty Thousand) with one surety of like amount to the satisfaction of learned Special Judge (POCSO Page No.# 3/3 Act), Kamrup(M), Guwahati subject to the following conditions- i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; ii) That the accused petitioner 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 Police Officer or the Court; and iii) That the accused petitioner shall refrain from committing any offences similar to the one of which he is suspected of commission. Breach of any of the above conditions shall render cancellation of the bail in accordance with law. The bail application stands disposed of. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The bail application stands disposed of
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 439; Protection of Children from Sexual Offences Act, 2012 — s. 8.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.