Application for regular bail under Section 439 CrPC in a Sessions Case involving human trafficking of two young girls dismissed; trial continues behind bars pending examination of victims.
Bail prayer dismissed; matter remanded to trial court to examine victim girls and expedite hearing.
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GAHC010048712022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./566/2022
MD. MAJIAL SHEIKH S/O MD. MIRU SHEIKH R/O VILL- EKLA SALBARI P.O. AND P.S. LAKHIPUR PIN NO. 783129 DIST. GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. M RAHMAN
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER
06.05.2022
By this application under Section 439 CrPC, the petitioner, namely, Md Majial Sheikh, who was arrested on 08.11.2022, has sought for granting regular bail in connection with Azara PS Case No. 595/2021, under Sections 410/370/34 IPC.
Learned counsel for both the parties are present.
Today, the scanned copy of the LCR and the Case Diary has been received, which I have gone through.
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The present petitioner is facing trial before the Court of learned Additional Sessions Judge No.3, Kamrup (M), Guwahati, in connection with Sessions Case No. 31/2022. The charge has been framed and now, the case is at the evidence stage. Prayer for bail has made on the ground of length of detention of accused petitioner as he is behind the bar and also denied his involvement in the offence. It is stated that it is the other accused, Lal Chand Ali, named in the FIR is involved with the offence.
I have gone through the FIR as well as the statement of witnesses and the evidence on record.
The Court has already examined a few witnesses in this case, but the two victim girls have not yet been examined, as per the LCR, which is necessary to decide the entirety of the matter. As the offence is of serious nature and related to human trafficking of two young girls and in the fitness of the matter, it would be appropriate that those victim girls should be examined at the earliest to assess the entirety of the matter. The accused is named in the FIR and the witnesses so far examined has also implicated the petitioner.
Considering all entirety of the matter, this Court is not inclined to grant the bail prayer of the petitioner at this stage, keeping in mind the gravity of the offence. However, the learned trial Court is at liberty to consider the bail prayer of the petitioner, after examining the relevant witnesses and the two victim girls in the present case. The learned trial Court will expedite the hearing of the case by examining the victim girls at the earliest, as the accused is facing the trial from behind the bar.
The present petition stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the applicant in a serious offence involving human trafficking of two young girls while trial is ongoing?
1 provisions across 1 enactments
MD. MAJIAL SHEIKH
STATE OF ASSAM
RUMI KUMARI PHUKAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
