Allowed

Simanta Das v. the State of Assam

Gauhati HC7 Jan 2020Bail Appln./34/2020

Case brief

AI extract

What is this about?

The Gauhati High Court granted default bail to the accused-petitioner under Section 439 Cr.P.C. in a POCSO case where the charge sheet was not laid after over 90 days of custody, subject to standard conditions and a conditional release clause.

What did the court decide?

Petitioner released on bail by furnishing a bond of Rs. 20,000 with a suitable surety, subject to conditions, and the order is void if a charge-sheet is laid within the statutory period.

Simanta Das Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2020)

¶1

Page No.# 1/2

¶2

GAHC010002502020

¶3

THE GAUHATI HIGH COURT

¶4

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : Bail Appln. 34/2020

¶6

1:SIMANTA DAS

¶7

S/O SRI ATUL DAS, R/O VILL-RAMDIA, PATOWARY CHUPA, P.S.-HAJO, DISTKAMRUP(M), ASSAM, PIN-781102

¶8

VERSUS

¶9

1:THE STATE OF ASSAM

¶10

REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶11

Advocate for the Petitioner : MS. M DUTTA

¶12

Advocate for the Respondent : PP, ASSAM

¶13

BEFORE

¶14

HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

¶15

ORDER

¶16

Date : 07-01-2020

¶17

This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Sri Simanta Das, in connection with Sualkuchi Police Station Case No. 145 of 2019 , registered under Sections 120(B)/366(A)/376 of the IPC, read with Section 4 of the POCSO Act, 2012 .

¶18

I have perused the petition including the copy of the FIR and the documents annexed therewith.

¶19

Heard Ms. M. Dutta, learned counsel appearing for the accused-petitioner and Mr. P.P. Baruah, learned Public Prosecutor, appearing for the State.

¶20

The accused-petitioner was arrested on 07-10-2019 and since then he has been in custody for a period of 92 days as on date and the investigation has not been completed.

¶21

To a pointed query, learned Public Prosecutor has submitted that charge-sheet has not been laid in this case.

¶22

Page No.# 2/2

¶23

That being so, in the absence of any instance on record to show that investigation has been completed and charge-sheet is laid, the accused-petitioner is entitled to default bail. Therefore, subject to not laying of charge-sheet or non-completion of investigation of the case within the statutory period, the accusedpetitioner is granted default bail.

¶24

Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the case aforementioned on furnishing bail bond of Rs.20,000/- with a suitable surety of the like amount, to the satisfaction of learned Judicial Magistrate, First Class, Hajo, Kamrup.

¶25

The direction for bail is further subject to the conditions that the accused-petitioner:

¶26

(a) shall not leave the territorial jurisdiction of learned Judicial Magistrate, First Class, Hajo, Kamrup, without prior written permission from him;

¶27

(b) shall not hamper with the investigation of the case and tamper with the evidence of the case;

¶28

(c) 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 Court or to any police officer. However, it is made clear that in the event the investigation has been completed and charge-sheet is laid within the statutory period, this order shall not be given effect to.

¶29

In terms of the above, this bail application stands disposed of.

¶30

JUDGE

¶31

Comparing Assistant

Simanta Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

Simanta Das v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Milan Saikia Vs the State of Ap

Seema Rani Bora Vs the State of Ap

Shri Sime Killo@Apa Vs the State of A.P.

Sheikh Saddam Hussain Vs the State of Assam

Subhash Deka Vs the State of Assam

Haidar Ali Vs the State of Assam