Disposed

Biraj Baishnab v. the State of Assam and Anr.

Gauhati HC2 Oct 2024Bail Appln./1885/2024

Case brief

AI extract

What is this about?

Bail application under Section 483 BNSS by an accused in a POCSO and rape case, in custody since September 2023 with six of nine witnesses yet examined. Considering the remote prospect of speedy trial completion and the petitioner's 75% visual disability, the High Court granted bail on conditions including no witness tampering and staying within the trial court's jurisdiction.

What did the court decide?

Petitioner enlarged on bail on Rs. 50,000 bond with like surety, subject to three conditions; automatic cancellation on breach.

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

¶1

Page No.# 1/3

¶2

GAHC010127252024

¶3

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

¶4

Case No. : Bail Appln./1885/2024

¶5

BIRAJ BAISHNAB S/O LATE HARIMOHAN BAISHNAB R/O VILL- BASHBARI PTI P.O. NORTH BOITAMARI, UNDER BONGAIGAON, ASSAM

¶6

VERSUS

¶7

THE STATE OF ASSAM AND ANR. REPRESENTED BY PP, ASSAM

¶8

2:SMTI. RUNU BARMAN W/O SRI UTTAM BARMAN R/O VILL- BASHBARI BAISHNABPARA P.O.NORTH BOITAMARI P.S. BONGAIGAON

¶9

DIST. BONGAIGAON ASSAM PIN-78338

¶10

Advocate for the Petitioner : MR. S SUTRADHAR,

¶11

Advocate for the Respondent : PP, ASSAM, MS N HASSAN (LEGAL AID COUNSEL FOR R-2)

¶12

BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

ORDER

03.10.2024

Page No.# 2/3

Heard Mr. S. Sutradhar, learned counsel for the petitioner Biraj Baishnab.

¶17

The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 23.09.2023 in connection with Special P.S. Case No. 147(BGN)/2023 registered under Sections 376/506 of the IPC read with Section 6 of the POCSO Act arising out of GR Case No. 647/2023 corresponding to Bongaigaon P.S. Case No. 393/2023.

¶18

Heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State and legal Aid Counsel Ms. N. Hassan for the respondent No. 2.

¶19

Learned counsel for the respondent have raised strong objection against the bail petition stating that there are incriminating materials against the petitioner. The victim has implicated the petitioner.

¶20

I have scrutinized the Trial Court Records and the evidence of witnesses. 3 witnesses have been examined. 6 witnesses are yet to be examined. It appears that possibility of completion of the trial within a short period of time appears to be remote.

¶21

I have considered the submission that the petitioner is short of eye-sight and he is suffering from 75% disability i.e., blindness. Annexure-1 of the petition is the disability certificate.

¶22

Considering all aspects, I deem it fit to grant bail to the petitioner. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/(Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the Trial Court under the conditions that:

¶23

Page No.# 3/3

¶24

(i) The petitioner shall refrain from such activities with which he is alleged,

¶25

(ii) The petitioner shall not exercise threats to

¶26

the witnesses or try to influence them, and

¶27

(iii) The petitioner shall not leave the jurisdiction of the learned Trial Court till completion of the trial.

¶28

On breach of any of the bail conditions, bail order shall stand automatically cancelled.

¶29

In terms of the above observation, bail application stands disposed of.

¶30

Comparing Assistant

Biraj Baishnab v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Biraj Baishnab v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ananda Ch. Shill @ Ananda Shill Vs the State of Assam and Anr.

Ikram Hussain Vs State of Assam

Md. Sirajul Haque @ Md. Sirajul Islam Vs the State of Assam

Biraj Baishnab Vs the State of Assam and Anr.

Uttam Chakraborty Vs Union of India

Vallepu Srinivasulu Vs the State of Assam