Allowed

Sanjay Rajbongshi v. the State of Assam

Gauhati HC15 Feb 2022Bail Appln./322/2022

Case brief

AI extract

What is this about?

The Gauhati High Court granted bail to the accused-petitioner under Section 439 CrPC. The investigation in the POCSO case had not been completed within the statutory 90-day period, making the petitioner entitled to default bail. Bail was granted subject to conditions including not leaving jurisdiction, hampering investigation, or tampering with evidence.

What did the court decide?

Bail granted on Rs. 20,000 with a suitable surety of the like amount, subject to conditions regarding territorial jurisdiction and non-interference with investigation.

Sanjay Rajbongshi Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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GAHC010025602022

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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./322/2022

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SANJAY RAJBONGSHI S/O LATE PRABIN RAJBONGSHI R/O PUB MALAYBARI P.S. KHETRI DIST. KAMRUP (M), ASSAM PH. NO. 9859457176

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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. M K BORO

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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 : 15-02-2022

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

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Heard Mr. MK Das, learned counsel for the petitioner. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State

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respondent.

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This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Sri Sanjay Rajbongshi, in connection with Khetri Police Station Case No. 260/2021 registered under Section 376(D) (B) of the IPC read with Section 4 of the POCSO Act.

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Perused the petition as well as the annexures furnished therewith.

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The learned counsel for the petitioner has submitted that the petitioner has been in custody for 93 days, as on date, excluding the date of remand and the investigation of the case has still not been completed. Therefore, the petitioner is entitled to the grant of default bail, as submitted.

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In view of such submissions, the learned Additional Public Prosecutor was required by this Court to obtain instructions. Accordingly, on instructions, he has submitted that investigation of the case has not been completed and chargesheet has not been laid till date. The statutory period prescribed for completion of investigation of the cases of the instant nature is 90 days. That being so, the petitioner is entitled to the grant of default bail and accordingly granted.

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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 a suitable surety of the like amount, to the satisfaction of the learned jurisdictional Special Judge under the POCSO 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

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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.

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JUDGE

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Comparing Assistant

Sanjay Rajbongshi v. the State of Assam

Case brief

What is this about?

What did the court decide?

Sanjay Rajbongshi v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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