Allowed

Jyoti Prasad Baruah v. the State of Assam

Gauhati HC11 Feb 2022Bail Appln./151/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the appellant in a case involving allegations of kidnapping and rape of a minor under IPC and POCSO, citing the nature of victim-accused relationship and 50 days of custody. Bail was secured with ₹20,000 bond and multiple undertakings.

What did the court decide?

Petitioner granted bail on furnishing bond of Rs. 20,000 with two sureties subject to territorial restriction and conditions against interference with investigation or evidence.

Jyoti Prasad Baruah Vs the State of Assam — Narcotics (NDPS) | Gauhati HC (2022)

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GAHC010010782022

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

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Case No. : Bail Appln./151/2022

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JYOTI PRASAD BARUAH S/O SRI DULAL CHANDRA BARUAH R/O KAHITALI P.S. SIPAJHAR DIST. DARRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR A NATH

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 11-02-2022

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The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

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Heard Mr. A Nath, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Additional Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of

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the petitioner, namely, Shri Jyoti Prasad Baruah, in connection Sipajhar Police Station Case No. 1020/2021 registered under Sections 366/376(1) of the IPC read with Section 4 of the POCSO Act read with Sections 9/10 of the Prohibition of Child Marriage, Act, 2006.

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The case diary received has been perused.

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Although the case has been registered under the aforesaid provisions of law yet there is no such allegation made in the FIR to attract such provisions of law. However, the victim in her statement recorded under Section 164 of the Cr.PC has stated that sexual intercourse had taken place between the accused and herself. The victim is 16 years of age. They were in love is a fact appears from the materials on record. They got married also in a temple, as alleged. On the other hand, the petitioner has been in custody for 50 days, as on date.

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Considering the entire facts of the case, as a whole, as well as the length of detention, the petitioner is granted bail.

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Accordingly, the accused-petitioner, named above, shall be released on bail in connection with the abovementioned case on furnishing bail bond of Rs. 20,000/- with two suitable sureties of the like amount, to the satisfaction of the learned jurisdictional Special Judge under the POSCO Act.

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The direction for bail is further subject to the conditions that the accusedpetitioner:

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(a) shall not leave the territorial jurisdiction of the learned jurisdictional Special Judge under the POCSO Act, without prior written permission from him;

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

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(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 petition stands disposed of accordingly. Return the case diary.

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JUDGE

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Comparing Assistant

Jyoti Prasad Baruah v. the State of Assam

Case brief

What is this about?

What did the court decide?

Jyoti Prasad Baruah v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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