This is a single-paragraph order dismissing a case diary return argument and granting bail. The justice noted the victim and informant denied the FIR and allowed the accused to go on bail after reviewing their statements, directing appearance at trial.
Accused allowed to go on bail on bond of Rs.20,000 with one surety; case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010020132020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 304/2020
1:PRANAB KUMAR DAS
S/O GIREN DAS, R/O VILL-MIRZA, P.S.-PALASBARI, DIST-KAMRUP, ASSAM
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MS. T SOM
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN
O R D E R
05-02-2020.
By this application under Section 439 CrPC, petitioner, namely, Pranab Das, who is in custody since 19.09.2019, has prayed for granting him regular bail, in connection with Special Session POCSO Case No.67/2019, charged under Section 376 (2) IPC, read with 6 of the POCSO Act, arising out of Palashbari P.S. Case No. 434/2019, under Section 376(A)(B) of the IPC, read with Sections 4/6 of the POCSO Act, 2012.
The accused petitioner is facing the trial in connection with the aforesaid case and he is none other than the father of the minor victim girl. However, on the earlier occasion his bail prayer was rejected
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by this Court on the observation that the victim as well as the informant were not examined and directed the petitioner to renew his bail application after examination of the concerned witnesses. The learned trial Court however did not consider the bail prayer even after examination of the witnesses. Hence the present bail petition.
Now the petitioner has produced the statement of the victim as well as the informant vide Annexure-4 & 5, which I have gone through.
It is to be noted that the victim as well as the informant have not supported the allegation raised in the FIR, which was filed by the wife of the present petitioner (PW.2). Both of them have totally denied the entire incident and the victim has stated that she deposed falsely as tutored by some other persons. The informant has also stated that she do not know what is written in the FIR and she had only put her signature on the same. More particularly, the informant of the case is the bail petitioner, seeking bail of the accused person.
Considering all entirety of the matter, this Court is of the opinion that the bail prayer of the accused person can be considered. Accordingly the accused/petitioner named above is allowed to go on bail in connection with the Special Session POCSO Case No.67/2019, on furnishing bail bond of Rs.20,000/with one surety of the like amount to the satisfaction of the learned Special Judge, Kamrup at Amingaon, with further direction to appear before the trial Court regularly, to face the trial.
The application stands disposed of.
Return the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the bail prayer of the accused can be considered given the victim and informant's denial of the FIR allegations prior to their examination.
1 provisions across 1 enactments
PRANAB KUMAR DAS
THE STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
