Jonmoni Banikya v. the State of Assam and Anr.
Case brief
What is this about?
The Gauhati High Court rejected a bail application in a Sessions (Special) case involving alleged rape under IPC 376 and POCSO Act. Relying on the Supreme Court's decision in X Vs. State of Rajasthan, the court held that once the trial commences and prosecution witnesses are examined, the court should be loath to grant bail in serious offences, noting the detention period did not infringe speedy t
What did the court decide?
Bail application rejected.
What the court decided
Page No.# 1/7
GAHC010259652024
2025:GAU-AS:2958
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3764/2024
JONMONI BANIKYA S/O LATE HARIPRASAD BANIKYA R/O VILL- BORIGAON, P.O. BORIGAON P.S. AND DIST. BONGAIGAON, ASSAM PIN-783384
VERSUS
THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM
2:XXX D/O GYANRANJAN OJAH R/O JIBAN KRISHNA PATH HENGRABARI GUWAHATI-78103
Advocate for the Petitioner : MR S DEWRI,
Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2)
Page No.# 2/7
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to bail in a serious offence rape case involving a POCSO charge where the trial has commenced and prosecution evidence is substantially adduced.
Whether the duration of detention infringes the accused's right to a speedy trial under given facts.
Whether the High Court should entertain bail applications after the trial has commenced in serious offences.
Parties & counsel
- applicant
JONMONI BANIKYA
- respondent
THE STATE OF ASSAM
- respondent
2:XXX
Coram
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · March
- Registered
- Case no.
- Bail Appln./3764/2024
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