The Gauhati High Court granted bail to Pranjal Deka, accused of rape involving a child under POCSO, after the statutory period of detention elapsed. Bail was fixed at Rs. 50,000 with a suitable surety.
Petitioner enlarged on bail of Rs. 50,000 with a suitable surety of like amount to the satisfaction of the Special Sessions Judge, POCSO, Kamrup.
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GAHC010238952023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3797/2023
PRANJAL DEKA S/O SRI JYOTISH DEKA R/O VILL- HELASA, KEOTSUPA P.S. HAJO DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
2:MRS. NARJUMA BEGUM (INFORMANT) W/O CHAN OHAMMAD ALI VILL- BOROMBOI MANAHKUCHI P.S.HAJO DIST. KAMRUP ASSA
Advocate for the Petitioner : MR. V RAJKHOWA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER
Date : 12-12-2023
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1. Heard Mr. V. Rajkhowa, learned counsel for the petitioner.
2. The petitioner, namely, Pranjal Deka has filed this application under Section 439 Cr.PC with prayer for bail as he is in custody since 09.09.2023 in connection with Hajo P.S. Case No. 559/2023 u/s 376(3) of the Indian Panel Code read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.
3. Heard Mr. B. Sharma, learned Addl. P.P., Assam.
4. The notices have been issued to respondent No. 2 through jurisdictional police station and the Office Note dated 06.12.2023 indicates that un-served notice has been received by the Registry with the statement that the respondent No. 2 was “Not Found” and it was written on the envelope.
5. The learned Addl. PP has submitted that charge-sheet has not been laid against the petitioner. An additional affidavit has been filed by the petitioner stating that the petitioner has been in jail for 92 days and the statutory period u/s 167(2) of the Cr.PC has elapsed.
6. I have considered the submissions at the Bar. I have also considered the length of detention.
7. Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned Special Sessions Judge, POCSO, Kamrup, Amingaon under the condition that:-
On breach of any of the bail conditions, the bail order of the petitioner shall stand cancelled.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.PC given the lapse of the statutory period under Section 167(2) Cr.PC.
Whether the unavailability of the informant respondent affects the decision on bail in a POCSO case.
4 provisions across 3 enactments
Pranjal Deka
The State of Assam
Mrs. Narjuma Begum
Susmita Phukan Khaund
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
