Application for bail under Section 439 CrPC in a POCSO case rejected as the victim witness has not been examined.
Bail prayed for is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010005112022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./83/2022
NITISH YADAV
S/O SRI UMASHANKAR YADAV R/O JHINGA BASTI, P.S. BORDUBI DIST. TINSUKIA, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM
Advocate for the Petitioner : DR. B AHMED
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 07-02-2022
The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.
Heard Mr. N Haque, learned counsel for the petitioner. Also heard Mrs. SH Borah, learned Additional Public Prosecutor, appearing for the State respondent.
Page No.# 2/2
This is an application, filed under Section 439 of the Cr.PC. seeking bail of the accused-petitioner, namely, Nitish Yadav, in connection with Bordubi P.S. Case No. 120/2021 (POCSO Case No. 27(T)/2021) registered under Section 376(2)(i)(j) of the IPC read with Section 4 of the POCSO Act.
Perused the scanned copy of the case diary along with the status report produced before this Court.
As per the status report, the Medical Officer has been examined as witness. However, the other witnesses have not been examined, including the victim. Without the evidence of the victim, this Court is not inclined to grant bail to the petitioner at this stage. Therefore, his prayer for bail stands rejected. However, the petitioner will be at liberty to approach the Court once the evidence of the victim is recorded supported by a copy of such deposition.
The petition stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail can be granted to the accused in a POCSO case where the victim has not been examined as a witness.
1 provisions across 1 enactments
Nitish Yadav
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
