Bail application dismissed. The Gauhati High Court refused bail in a gang rape case citing risk of absconding and threat to the victim's life, despite prolonged custody for the petitioners.
Bail application disposed of; petitioners remain in custody. Trial Court to expedite trial.
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GAHC010143722022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1868/2022
HIMESH KHARIA @ RIMESH KHARIA AND ANR SON OF LATE SIMON KHARIA R/O VILL- NO. 3 KAKOJAN P.S. PHILOBARI DIST. TINSUKIA, ASSAM
2: BHABESWAR MORAN @ BHABESH MORAN S/O LATE BHUGEN MORAN R/O VILL- NO. 4 KAKOJAN P.S. PHILLOBARI DIST. TINSUKIA ASSA VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR U SAIKIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 22.09.2022
Heard Mr. U. Saikia, learned counsel for the petitioners. Also heard Mr.
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Bhaskar Sarma, learned APP appearing for the State.
The petitioner no.1, who was arrested on 13.01.2022 and the petitioner no.2, who was arrested on 29.01.2022, are seeking regular bail under section 439 Cr.P.C. in connection with Sessions Case No. 57(T)/2022 under sections 341/376D/34 IPC, pending for trial before the Court of learned Sessions Judge, Tinsukia.
The scanned copy of the case diary has been received from the Court of learned Sessions Judge, Tinsukia.
The learned APP has perused the case diary and has opposed the prayer for bail.
On perusal of the case diary, it appears that there are sufficient incriminating materials against the petitioners of having gang raped the victim. It appears that when the victim along with some small children of the village enjoying picnic party, and the victim had gone to some distance to bring her own minor sons and daughters who were playing nearby, and during that period, the petitioners gagged the mouth of the victim, carried her to the jungle and after crossing a river, they had sexually assaulted her and thereafter they had also physically assaulted her upon which she became senseless. Later on, upon search made by the local people, the victim was found in an unconscious state and was brought to home.
In view of the maximum punishment prescribed under section 376D IPC, for the offence of gang rape, the Court is of the considered opinion that there is every chance of the petitioners would abscond if they are enlarged on bail.
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Moreover, as the victim and the petitioners appear to be from nearby village, if the petitioners are released on bail, the life of the victim shall also be at risk.
Accordingly, the Court is inclined to refuse bail to the petitioners notwithstanding that the petitioner no.1, namely, Himesh Kharia @ Rimesh Kharia has been in custody for 252 days and petitioner no.2, namely, Bhabeswar Moran @ Bhabesh Moran is in custody for 237 days.
Nonetheless the learned trial Court, i.e. the Court of learned Sessions Judge, Tinsukia shall expedite the trial so as to bring the matter to an early conclusion, for which the petitioners shall produce a certified copy of this order before the said learned Court.
The Registry shall retain the scanned copy of the case diary for a period of 6 (six) months and thereafter, the same shall be destroyed with approval of the learned Registrar (Administration).
Application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the petitioners charged with gang rape under Section 376D IPC given the risk of absconding and threat to the victim.
1 provisions across 1 enactments
Himesh Kharia @ Rimesh Kharia and Anr
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
