Application for interim pre-arrest bail under Section 438 CrPC in connection with FIR regarding child trafficking offences. Court granted 10-day interim bail upon furnishing bond and condition to appear before Sessions Judge Dibrugarh.
Interim bail of 10 days granted on furnishing bond of Rs.20,000 with surety; directed to appear before Sessions Judge Dibrugarh.
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GAHC040013302022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 121/2022
1:Rinya Jokom Daughter of Sri Dilip Jokom,
Permanent Resident of Kalaptukur Village, PO and PS Kalaptukur, Lower Subansiri District, Arunachal Pradesh. Mobile No. 918132817794
VERSUS
1:THE STATE OF AP
Represented by the Public Prosecutor.
Advocate for the Petitioner : 1 U Bori
Advocate for the Respondent : P P of AP
BEFORE HONBLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 03-11-2022
Apprehending arrest, the applicant, namely, Smti. Rinya Jokom has filed this application under Section 438 Cr.P.C. praying for grant of interim pre-arrest bail in connection with Tengakhat P.S. Case No. 09/2022 under Sections 371/374/34 of the IPC.
Heard Mr. U. Bori, learned counsel for the applicant and Ms. T. Jini,
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learned Addl. PP representing the State of Arunachal Pradesh.
It is submitted that the applicant is apprehending arrest in connection with the aforesaid case and she has prayed for grant of interim pre-arrest bail for a limited period so as to enable her to appear before the learned Sessions Judge at Dibrugarh.
An FIR, dated 05.02.2022 was lodged by the informant to the effect that at about 10 days ago, one Sri Kokoi Sonowal of the same locality had taken the custody of 2 minor girls (‘X and Y’) who are the daughters of ‘Z’ by inducing them with promises to provide employment. He had also paid Rs.10,000/- to ‘Y’. Smti. Malati Gowala had also illegally transported 4 (four) other minor children from Arunachal Pradesh to utilise them as unlawful compulsory child labourers.
The case is under investigation and the applicant is apprehending arrest in connection with the aforesaid case.
The learned Addl. PP has submitted that she has no objection, if interim pre-arrest bail is granted to the applicant.
It is also submitted by the learned counsel for the applicant that the applicant will abide by any condition imposed upon her. It is submitted that she is innocent and was never involved in trafficking of children. It is submitted that custodial detention will tarnish her image. She has only prayed for interim protection to appear before the Sessions Judge, Dibrugarh.
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Considering the submission advanced at the Bar, I deem it appropriate to grant interim bail of 10 days to the applicant. In the event of the arrest of the applicant, namely, Smti. Rinya Jokom in connection with Tengakhat P.S. Case No. 09/2022 under Sections 371/374/34 of the Indian Penal Code, 1860, the arresting authority is directed to release the applicant on interim bail for 10 days on her furnishing a bail bond of Rs.20,000/- with a suitable surety of the like amount to the satisfaction of the arresting authority. I have considered the fact that the applicant will appear before the learned Sessions Judge, Dibrugarh within the interim period. I have also considered that the applicant has pledged to cooperate with the investigation.
The applicant is also directed to appear before the learned Sessions Judge, Dibrugarh within a period of 10 days from today. The applicant shall also file an application for bail before the learned Sessions Judge, Dibrugarh. Thereafter, the learned Sessions Judge, Dibrugarh shall consider and dispose of the application filed by the applicant in accordance with law.
In terms of the above, this Anticipatory Bail application stands disposed of.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether interim pre-arrest bail can be granted to the applicant apprehending arrest in a child trafficking case.
Whether the applicant must appear before the Sessions Judge within the interim period.
Whether the direction to file a regular bail application before the Sessions Judge is proper.
2 provisions across 2 enactments
Rinya Jokom
The State of AP
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
