High Court bail application for accused under POCSO Act. Court held accused entitled to default bail as charge sheet not filed within statutory period despite 96 days detention. Bail allowed.
Accused enlarged on bail upon furnishing bond of Rs.25,000 with one surety of like amount to Special Judge under POCSO Act.
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GAHC010210792022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2693/2022
FOJOR ALI MONDAL SON OF SULEMAN MONDAL, VILLAGE- KAMLACHARA (CHESAPANI), P.S. AND DISTRICT- KOKRAJHAR, BTAD (ASSAM), PIN- 783378.
VERSUS THE STATE OF ASSAM REP. BY PP, ASSAM.
Advocate for the Petitioner : MR. A M AHMED
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE ROBIN PHUKAN
04-01-2023
Heard Mr. A.M. Ahmed, learned counsel for the accused. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the State Respondent. This application under Section 439 of the Code of Criminal Procedure is preferred by the accused Fojor Ali Mondal who has been languishing in jail hazot in connection with Kokrajhar P.S. Case No.436/2022, under Sections 363/376(3) I.P.C., read with Section 6 of the POCSO Act, 2012.
The said case has been registered on the basis of an FIR lodged by one
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Mugul Ali to the effect that Fojor Ali Mondal has been harassing his minor daughter namely Miss “X” (name withheld) aged 16 years, since long back and on 12.09.2022, at about 2.30 P.M., in the evening, when his daughter was returning home from the school, the accused person forcibly picked up her on his motor cycle No.AS-19-R-6953, from the road, and had taken her to Magumari Salbagan and there he forcefully committed sexual intercourse with her.
Mr. A.M. Ahmed, learned counsel for the accused submits that the accused was arrested on 30.09.2022, and as such he is behind the bar for last 96 days and the investigating officer has not submitted charge-sheet in this case and, as such, he is entitled to default bail under Section 167(2) of the Code of Criminal Procedure and, therefore, it is contended to allow this petition.
Mr.B.B. Gogoi, learned Additional Public Prosecutor also, on instructions received from the investigating officer, submits that charge-sheet has not yet been submitted herein in this case till date.
In view of the above, the accused is entitled to default bail under Section 167(2) of Cr.P.C. and, accordingly, it is provided that the accused above named, in connection with the above mentioned case, on his furnishing a bail bond of Rs.25,000/-with one surety of the like amount to the satisfaction of the learned Special Judge under the POCSO Act, Kokrajhar, be enlarged on bail.
In terms of the above, the bail application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the accused is entitled to bail under Section 439 Cr.P.C. given he has been in custody for 96 days without a charge-sheet filed.
2 provisions across 1 enactments
Fojor Ali Mondal
The State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
