The Gauhati High Court granted bail to an accused arrested under the POCSO Act after noting that the victim's date of birth indicated she was an adult, rendering the POCSO application inapplicable.
Bail granted by furnishing a bond of Rs. 50,000/- with one suitable surety of like amount.
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.
Page No.# 1/3
GAHC010028652023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./499/2023
SUKUR SING TERANG S/O BIREN TERANG R/O VILL- DINGSO TERANG GAON, DENGAON P.S. DOKMOKA DIST. KARBI ANGLONG
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S MUNIR Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
14.02.2023
Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Ms. S. H. Bora, learned APP appearing for the State.
The petitioner, who was arrested on 02.02.2023 is seeking regular bail under section 439 Cr.P.C. in connection with Dokmoka P.S. Case No. 14/2023 under sections 9/10 of Prohibition of Child Marriage Act (2006) and read with
Page No.# 2/3
Section 6/17 of POCSO Act.
The learned APP has opposed the prayer for bail.
In this petition, the petitioner has annexed a copy of an Aadhaar Card of the victim girl bearing enrolment No. 2804/40023/21169 and Aadhaar No. 933248380227, wherein the date of birth of the victim girl is noted as 15.02.2001 from which it appears that the victim girl is an adult and not a minor.
Hence, the Court is inclined to grant bail to the petitioner, namely, Sukur Sing Terang in connection with the aforesaid case on furnishing bail bond of Rs.50,000/- with one suitable surety of like amount to the satisfaction of the learned Special Judge (POCSO), Karbi Anglong, Diphu.
The bail is granted on the following conditions:
Page No.# 3/3
appearance is dispensed with or charge-sheet is filed, whichever is earlier.
This application stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the petitioner in a case alleging offences under the POCSO Act given evidence suggesting the victim is an adult.
3 provisions across 3 enactments
Sukur Sing Terang
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
