The Gauhati High Court dismissed a bail application under Section 439 Cr.P.C. filed by an accused in a Special POCSO case. The court held that no privileges of bail should be extended given the serious nature of the offence and the near-completion of the trial.
The petition for bail stands dismissed; trial to be completed within two months.
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GAHC010211452022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2714/2022
NIZAM UDDIN S/O- LATE SAKAT ALI, RESIDENT OF VILLAGE- BAMUNGAON, P.S.- LANKA, DISTRICT- HOJAI, ASSAM.
VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : G UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 07-12-2022
Heard Mr. G Uddin, learned counsel for the accused and also heard Mr. BB Gogoi, learned Addl. PP, Assam.
This application under Section 439 Cr.P.C., is filed by accused Nizam Uddin, who is languishing jail hajot in connection with Special POCSO Case
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No.40(H)/2021 under section 376(3) IPC read with section 6 of POCSO Act, arising out of Lanka PS Case No.660/2021, since 28.09.2021, for grant of bail.
The aforementioned case has been registered on the basis of one FIR lodged by one Fakarul Islam on 27.09.2021, to the effect that his daughter Smti X (8 years) is raped by Nizam Uddin on 27.09.2021 at about 10.00 AM.
Upon the said FIR, the O/C Lanka PS registered Lanka PS Case No.660/2021 under section 376(3) IPC read with section 6 of POCSO Act, and investigated the same and upon completion of investigation, laid charge sheet being CS No.420/2021, dated 03.09.2021, laid before the Court of CJM, Hojai against the accused to stand trial under section 376(3) IPC read with section 6 of POCSO Act.
Thereafter, the learned court below has framed charge against the accused under the said section of law and on being read and explained over, the accused pleaded not guilty to the same, and thereafter, the learned court below has examined as many as 5 witnesses, out of 7 witnesses cited in the charge sheet.
The learned counsel for the applicant submits that the accused is behind the bar for more than 1 year and that material witnesses have already been examined and he is ready to participate in the trial and therefore, it is contended to allow this petition.
On other hand, Mr. BB Gogoi, learned Addl. PP has opposed the petition and referring to the record of the learned court below, Mr. Gogoi submits that witnesses examined so far by the learned court below has implicated the accused with the offence charged and the offences are serious in nature and the punishment prescribed for the same are also severe in nature and therefore, Mr. Gogoi contended to dismiss the petition.
Having heard the submissions of learned Advocates of both the sides, I have carefully gone through the petition and the documents placed on record and also gone through the scanned copy of the record received from the learned court below.
It appears from the witnesses examined so far by the learned court
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below that they have implicated the accused with the offence alleged in the FIR and the trial is about to complete, five witnesses have already been examined and there remains to examine the doctor and another witness only. And having regard to the nature of accusation and the punishment prescribed for the same, and also considering the materials brought on record so far, this Court is of the view that this is not a fit case where the privilege of bail can be extended to the accused, and accordingly, the petition stands dismissed.
However, the learned court below is directed to complete the trial at the earliest possible time, preferably within a period of 2 (two) months from today and if necessary, the learned court below can take recourse to section 309(1) Cr.P.C.
In terms of the above, this BA stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to an accused in a POCSO case where the trial is nearing completion with most witnesses examined.
3 provisions across 2 enactments
NIZAM UDDIN S/O- LATE SAKAT ALI
THE STATE OF ASSAM
ROBIN PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
