Single judge of Gauhati High Court granted bail to Ringbhon Thouseen, brother of an accused in a POCSO rape case, finding further detention unnecessary as victim witnesses had been examined.
Accused Sri Atul Hozai released on bail of Rs. 20,000 with one surety of same amount.
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GAHC010084662019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 931/2019
1:RINGBHON THOUSEN
S/O LATE DAUGE THOUSEN, R/O VILL-DIBARAI, P.O. AND P.S.-HAFLONG, DIST-DIMA HASAO, ASSAM VERSUS 1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. B N SARMA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 14-05-2019
Heard Mr. B.N. Sarma, learned counsel for the accused-petitioner as well as Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam for the State respondent.
By this application under section 439 of the Cr.P.C., the petitioner namely, Shri Ringbhon Thousen has prayed for grant of bail, for the accused, Sri Atul Hozai, who is his brother in connection with S.C. Case No. 46/18 (corresponding to G.R. Case No. 102/18 arising out of Langting P.S. Case No. 18/2018) under Section 376 of the IPC, R/W Section 4 of the POCSO Act.
Mr. B.N. Sarma, learned counsel for the accused-petitioner, submits that the case is at its evidence stage after framing of the charges under Section 376 of the IPC, R/W Section 4 of the POCSO Act, whereafter, three witnesses including the victim girl have been examined
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and cross-examined in the case. Mr. Sarma further submits that as the material witnesses are already examined, further detention of the accused is not necessary for the purpose of trial of the case.
Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam, submits that in her statement recorded under Section 164 Cr.P.C. and in her evidence, the victim has implicated the accused. Therefore, his further detention is not required.
The allegation against the accused, interalia, is that on 16.05.2018, the accused committed rape on the victim girl aged about 14 years.
On scrutiny of the copy of the case records as placed along with the application and hearing the learned counsels for both the sides as above, this Court finds that the evidence of the victim girl and her mother have been recorded in the case and they are subjected to cross-examination by the defence. On such perusal of the evidence so far recorded in the case, this Court is of the considered opinion that further detention of the accused is not necessary in the interest of trial of the case.
Therefore, it is provided that the accused namely, Sri Atul Hozai shall be released on bail of Rs. 20,000/- with one surety of the like amount to the satisfaction of the learned Special Judge (POCSO Act), Dima Hasao on the following conditions:-
With the above directions, the bail application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the brother of the accused in a POCSO case under Section 376 IPC read with Section 4 POCSO Act.
Whether further detention of the accused in the interest of trial is necessary after examination of material witnesses.
4 provisions across 4 enactments
Ringbhon Thouseen
The State of Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
