The Gauhati High Court granted bail to the petitioner accused, Uddhab Das, charged with attempt to rape under IPC/POCSO sections, citing excessive custody detention despite prima facie implicating material.
Accused petitioner released on bail of Rs. 40,000/- with one surety of like amount to the learned CJM, Kamrup (M) at Guwahati.
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GAHC010155402023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2600/2023
UDDHAB DAS
S/O SRI JAHAR KUMAR DAS A RESIDENT OF VILL- AMCHOI, P.O. AMCHOI, P.S. RAHA, DIST. NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM TO BE REP. BY THE PP, ASSAM
2:SAGAR BEHERA S/O FADRI BEHERA A RESIDENT OF FLAT NO. 402 HILL VIEW APARTMENT P.O.AND P.S. GORCHUK DIST. KAMRUP (M) ASSAM PIN-78103
Advocate for the Petitioner : MR. M A I HUSSAIN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR ORDER
Date : 11.08.2023
Heard Mr. M. A. Hussain, learned counsel appearing for the accused petitioner as well as Mr. B. Sarma, learned Addl. P.P., Assam appearing for the State respondent.
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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Uddhab Das, has prayed for grant of bail in connection with Gorchuk P.S. Case No. 136/2023 under Sections 376/511 of the IPC r/w Section 12 of the POCSO Act.
The case diary, as called for, is placed before the Court.
The accused petitioner has been in judicial custody since 13.05.2023, i.e. for 90 days.
The matter relates to attempt of rape on the minor victim, aged about 15 years, by the present accused petitioner.
On perusal of the case diary, including the statements recorded u/s 161 and 164 Cr.P.C., it appears that there is prima facie implicating material against the accused petitioner. The investigation is also yet to be completed.
Medical report of the victim, inter-alia, reveals no sign of recent sexual intercourse.
However, having considered the length of detention in judicial custody, this Court is of the considered opinion that further continuation of detention of the accused in the interest of investigation is not warranted.
Accordingly, it is provided that the accused petitioner, named above, shall be released on bail of Rs. 40,000/- with one surety of like amount to the satisfaction of the learned CJM, Kamrup (M) at Guwahati subject to the following conditions-
i) That the accused petitioner shall cooperate with the Investigating Officer as and when required; and
ii) That the accused petitioner shall not directly or indirectly make any inducement, threat or promise to any person
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acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court.
Return the case diary.
This disposes of the bail application.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the accused given the prima facie implicating material and incomplete investigation.
Whether the length of detention in judicial custody warrants release on bail despite the serious nature of the charge.
3 provisions across 3 enactments
UDDHAB DAS
THE STATE OF ASSAM
2:SAGAR BEHERA
AJIT BORTHAKUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
