Dismissed

Chandan Saud v. the State of Assam

Gauhati HC13 Dec 2023AB/2962/2023

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed an anticipatory bail application filed under Section 438 CrPC. The petitioner sought relief against arrest in a case involving alleged POCSO offences and cybercrimes, arguing identity confusion. The court held that sufficient incriminating materials existed to deny bail.

What did the court decide?

Application filed under Section 438 CrPC is dismissed; antecedent anticipatory bail not granted.

Chandan Saud Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2023)

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Page No.# 1/2

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GAHC010188172023

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2962/2023

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CHANDAN SAUD

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S/O- LT. AMULYA SAUD, RESIDENT OF VILLAGE MUITHABARI, P.O. SUBANKHATA, P.S. BARBARI, O.P. BAGANPARA, DISTRICT- BAKSA, (BTR), ASSAM

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM

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2:KRISHNA RAJBONGSHI S/O- LATE DIGANTA RAJBONGSHI RESIDENT OF VILLAGE- BARIKADONGA P.S- BARBARI DISTRICT- BAKSA ASSA

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Advocate for the Petitioner : MR. P GOGOI

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

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ORDER

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Date : 13-12-2023

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Heard Mr. P. Gogoi, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the State respondent.

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Page No.# 2/2

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This application under Section 438 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Sri Chandan Saud who is apprehending his arrest in connection with Barbari Police Station Case No. 55/2023 under Section 366 IPC read with Section 4 of the POCSO Act, 2012, read with Section 67-B of the IT Act.

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The gist of accusation in this case is that on 02.08.2023 one Sri Krishna Rajbongshi has filed an FIR before the Officer-in-Charge of Barbari Police Station inter-alia alleging that one Sri Sun Baishya has called the daughter of the first informant from Kadamtola for going to Guwahati and thereafter the accused named in the FIR has sent one indecent photograph of the daughter of the first informant in a hotel at Guwahati. Later on the said photograph was made viral through whatsapp mode.

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The learned counsel for the present petitioner has submitted that the present petitioner was not named in the FIR and he is not the Sun Baishya but the present petitioner’s nick name was also Sun Baishya. On that ground the learned counsel for the petitioner has prayed for a favourable order under Section 438 of the Code of Criminal Procedure. On the other hand, the learned Additional Public Prosecutor has submitted that he has received the Case Diary of Barbari P.S. Case No. 55/2023 and has submitted that there are sufficient incriminating materials against the present petitioner. It is also evident from the case diary that the petitioner is not innocent one and there are also materials that the petitioner has subjected the victim girl to sexual assault.

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Considering the fact that there are sufficient incriminating materials against the present petitioner, this Court does not find this case to be a fit case where favourable order under Section 438 of the Code of Criminal Procedure may be issued in favour of the present petitioner.

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Hence, the anticipatory bail application is hereby dismissed.

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JUDGE

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Comparing Assistant

Chandan Saud v. the State of Assam

Case brief

What is this about?

What did the court decide?

Chandan Saud v. the State of Assam

Case brief

What is this about?

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What the court decided

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