Dismissed

Jayanta Talukdar v. the State of Assam and Anr.

Gauhati HC4 Sept 2024Bail Appln./1588/2024

Case brief

AI extract

What is this about?

The Gauhati High Court rejected a bail application in a Sessions (Special) case involving alleged offences under the POCSO Act. The court observed that significant prosecution evidence, including medical reports and victim statements, already implicant the accused, making it a fit case for rejection of bail.

What did the court decide?

Application for bail in Sessions (Special) Case No.32/2024 stands rejected and dismissed.

Jayanta Talukdar Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010107702024

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

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Case No. : Bail Appln./1588/2024

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JAYANTA TALUKDAR

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S/O LT. SURESH TALUKDAR

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R/O REHABARI, BANI NAGAR, B/L -01, H/NO. 09, P.S. PALTAN BAZAR, DIST. KAMRUP (M).

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VERSUS

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THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM

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2:ANJALI BHUYAN W/O LT. HARENDRA RAM BHUYAN R/O REHABARI NEAR NEW POST OFFICE H/NO. 4

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P.S. PALTAN BAZAR DIST. KAMRUP (M

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Advocate for the Petitioner : MR. FIRUZ KHAN, MS D BARUAH,MR. ABHIJIT MENA,MR U CHAUDHURY,P. NATH,RHITUSHREE TALUKDAR

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Advocate for the Respondent : PP, ASSAM, MRS R KAKATI(R-2),MS. M PATHAK(R-2),MS. N BARMAN(R-2)

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R

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05.09.2024

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Heard Mr. F. Khan, learned counsel appearing for the petitioner and Mr. R.J. Barua, learned Additional Public Prosecutor appearing for the State of Assam. Also heard Ms. N. Barman, learned counsel appearing for the informant/opposite party No.2.

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2. The petitioner, namely, Jayanta Talukdar, who is an F.I.R named and charge-sheeted accused in Sessions (Special) Case No.32/2024, arising out of Paltanbazar P.S. Case No.519/2023, registered under Section 354-A IPC read with Section 6 of POCSO Act, arrested on 25.11.2023, have filed this application for bail alleging that since the date of his arrest on 25.11.2023, he is in custody for more than 09(nine) months.

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3. It is also contended by the petitioner that the said Sessions (Special) Case No.32/2024 is presently pending before the court of learned Special Judge (POCSO), Kamrup (Metro), Guwahati and that he has been falsely implicated in the case.

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4. Mr. R.J. Barua, learned Additional Public Prosecutor, Assam objected the bail prayer of the petitioner.

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5. Perused the records of the case that was called for by order dated 03.06.2024.

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6. From the records, it is seen that up to 18.07.2024, evidences of four prosecution witnesses have been recorded out of 10(ten) prosecution witnesses named in the Charge-Sheet of the case. All the four witnesses

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including the victim, the informant, i.e., maternal grandmother of the victim and two independent witnesses, i.e., Principal of the school and the Class Teacher of the school in which the victim used to study, implicated the petitioner.

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7. It is also seen that in her statement recorded under Section 164 Cr.P.C on 24.11.2023, the minor victim implicated the petitioner with regard to the incident. Moreover, the medical report of the victim also supports the allegation lodged by the victim against the petitioner.

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8. Considering sufficient materials in the record, implicating the petitioner of his involvement in the case, this Court is of the opinion that it is not a fit case to grant bail to the petitioner in said Sessions (Special) Case No.32/2024 presently pending before the Court of learned Special Judge (POCSO), Kamrup (Metro), Guwahati arising out of Paltanbazar P.S. Case No.519/2023 at this stage.

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9. Accordingly, this bail application of the petitioner stands rejected.

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JUDGE

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Comparing Assistant

Jayanta Talukdar v. the State of Assam and Anr.

Case brief

What is this about?

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Jayanta Talukdar v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

Coram

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