In a bail application under Section 438 Cr.PC filed in a POCSO case, the High Court rejected the plea relying on delay in FIR registration and the applicant's age. The Court found no basis for bail upon perusing the case diary.
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.
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GAHC040005442023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : AB 19/2023
1:Karik Tayeng Son of Late Alum Tayeng,
Resident of Tebo Village, Raneghat, PO/PS Pasighat, East Siang District, Arunachal Pradesh.
Mobile No. 918453178851
VERSUS
1:THE STATE OF AP Represented by its Public Prosecutor.
Advocate for the Petitioner : G Taloh
Advocate for the Respondent : P P of AP
BEFORE
HONBLE MR. JUSTICE KARDAK ETE
ORDER
Date : 04-05-2023
Heard Mr. G. Taloh, learned counsel for the applicant/accused and Mr. J. Tsering, learned PP for the State.
This instant application under Section 438 of Cr.PC has been filed by the applicant/accused praying for grant of pre-arrest bail in connection with Women PS, Pasighat case No. 07/23.
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This Court on 01.05.2023 directed the learned PP to produce the status report along with other instructions of the summon dated 24.04.2023.
Mr. G. Taloh, learned counsel for the applicant on the basis of the submission by the learned PP that a case has been registered as PS Case No. 07/23 under Section 376 of IPC read with Section 6 of POCSO Act, he submits that the case has been filed against the accused after 9 years and the offence under section 376 read with Section 6 of POCSO Act cannot be attracted. He further submits that there is a delay in filing of FIR and the applicant being 62 years of age may be allowed to go on bail.
Today the learned PP has produced the case diary.
On the perusal of the case diary, especially the statements under section 164 of Cr.PC, this Court is of the considered view that at this stage no base is made out for granting of pre-arrest bail to the accused person.
Accordingly, this bail application is rejected and dismissed.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether pre-arrest bail should be granted in a POCSO case filed after a delay of several years.
Whether the delay in registering the FIR vitiates the proceedings.
4 provisions across 3 enactments
Karik Tayeng
The State of AP
KARDAK ETE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
KARDAK ETE
