Partly allowed

Kanoj Regon @ Anush Regon and Anr. v. the State of Assam and Anr.

Gauhati HC8 Oct 2021AB/2538/2021

Case brief

AI extract

What is this about?

The Gauhati High Court rejected the pre-arrest bail application for Kanoj Regon due to victim implicating his presence. However, bail was granted to his mother, Smti. Jugati Regon, as no implicating material existed against her, along with standard conditions.

What did the court decide?

Bail rejected for Petitioner No. 1; Pre-arrest bail granted to Petitioner No. 2 with bond of Rs. 10,000 and conditions.

Kanoj Regon @ Anush Regon and Anr. Vs the… — Child Sexual Offences (POCSO) | Gauhati HC (2021)

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Page No.# 1/3

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GAHC010131452021

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

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Case No. : AB/2538/2021

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KANOJ REGON @ ANUSH REGON AND ANR SON OF LATE RAJKUMAR REGON

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R/O VILL- 1 NO. NAMGHARYA, P.O. NAMGHARIA, P.S. SILAPATHAR, IN THE DIST. OF DHEMAJI, ASSAM, PIN-787059

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2: SMTI. JUGATI REGON

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W/O LATE RAJKUMAR REGON R/O VILL- 1 NO. NAMGHARYA P.O. NAMGHARIA P.S. SILAPATHAR IN THE DIST. OF DHEMAJI ASSAM PIN-78705

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VERSUS

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THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM

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2:SRI LAKHYANATH PEGU SON OF LATE BIREN PEGU

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R/O 1 NO. NAMGHARIA GAON

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P.O. NAMGHARIA P.S.SILAPATHAR IN THE DIST. OF DHEMAJI ASSAM PIN-78705

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Advocate for the Petitioner : MR. M KALITA Advocate for the Respondent : PP, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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08-10-2021

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This is an application under Section 438 Cr.P.C ., praying for pre-arrest bail by the petitioners, namely, 1. Sri Kanoj Regon @ Anush Regon and 2. Smti. Jugati Regon , in connection with Silapathar Police Station Case No. 314 of 2021, registered under Sections 366/376(2)(i) of the IPC, read with Section 4 of the POCSO Act.

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Heard Mr. M. Kalita, learned counsel for the petitioners and Mr. R.R. Kaushik, learned Additional Public Prosecutor representing the State.

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The case diary produced has been perused including the statement of the victim, recorded under Section 164 of the Cr.P.C.

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In her such statement, the victim has categorically implicated the petitioner No. 1, Kanoj Regon @ Anush Regon. In view of such implicating materials in the case diary, the prayer for pre-arrest bail of the petitioner No. 1, aforementioned, is rejected .

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So far the petitioner No. 2 is concerned, she is the mother of the petitioner No. 1 and there is no such implicating material against the petitioner No. 2, i.e., the mother of the petitioner No. 1 with commission of the alleged offences. In the absence of any implicating materials against the petitioner No. 2, she is granted the privilege of pre-arrest bail.

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Accordingly, it is provided that in the event of arrest of the petitioner No. 2, above named, in connection with the case aforementioned, she shall be released on furnishing bail bond of Rs.10,000/- , with a suitable surety of the like amount, to the satisfaction of arresting authority.

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Page No.# 3/3

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The direction for pre-arrest bail is subject to the conditions that the petitioner No. 2: (a) shall appear before the Investigating Police Officer of concerned Police Station, within seven days from today and shall co-operate with the investigation;

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(b) shall not hamper with the investigation, or tamper with the evidence of the case; (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.

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The anticipatory bail application stands disposed of accordingly. Return the case diary.

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Comparing Assistant

Kanoj Regon @ Anush Regon and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Kanoj Regon @ Anush Regon and Anr. v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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