Allowed

Nirupal Bhuyan @ Rahul v. State of Kerala

Kerala HC10 Dec 2021Bail Appl./8905/2021

Case brief

AI extract

What is this about?

The High Court of Kerala considered a bail application filed by an accused in a POCSO case who had been in under trial custody for over four and a half years. The Court, relying on the trial court's estimate of a three-month trial completion, granted bail contingent upon the trial concluding by 31.3.2022.

What did the court decide?

Release on bail conditional upon trial completion and final disposal of the matter by 31.3.2022.

Nirupal Bhuyan @ Rahul Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 10^TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943

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BAIL APPL. NO. 8905 OF 2021

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CRIME NO.83/2017 OF AROOR POLICE STATION, ALAPPUZHA

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AGAINST THE ORDER IN SC 149/2018 OF SPECIAL COURT UNDER POCSO ACT,

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ALAPPUZHA

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PETITIONER/ACCUSED:

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NIRUPAL BHUYAN @ RAHUL AGED 25 YEARS S/O JAGATH BHUYAN, MATHIKULA P.O, ASSAM.

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BY ADVS. P.VINODKUMAR ASHOK AMMANCHY

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

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OTHER PRESENT:

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SRI. NAUSHAD K.A. (SR.PP)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A.No.8905/2021

ORDER

The petitioner is the accused in Crime No.83/2017 of Aroor Police Station, Alappuzha District, which is now pending as S.C.No.149/2018 before the Special Court for Trial of Offences relating to Atrocities Against Women & Children including POCSO Cases (Addl.Sessions Court-I), Alappuzha .

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The learned counsel for the petitioner submitted that the petitioner has been in custody from 25.7.2017. The petitioner has, therefore, been in custody as an under trial prisoner for more than 4 ½ years. Considering the nature of the allegations against the petitioner, I was not inclined to grant bail to the petitioner. However, considering the fact that the petitioner has been in custody as an under trial prisoner for more than 4 ½ years, I called for a report from the trial Court as to the time that may be required for completion of trial in the case. A report dated 3.12.2021 has been placed on record. The learned trial Judge has stated that the trial can be completed and the matter disposed of finally within a period of three months.

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Taking into consideration the report, I am inclined to dispose of this bail application with a direction that the trial be completed and the matter finally disposed of by 31.3.2022.

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B.A.No.8905/2021

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Registry shall communicate a copy of this order to the Special Court for Trial of Offences relating to Atrocities Against Women & Children including POCSO Cases (Addl. Sessions Court-I), Alappuzha.

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sd/-

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GOPINATH P. JUDGE

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acd

Nirupal Bhuyan @ Rahul v. State of Kerala

Case brief

What is this about?

What did the court decide?

Nirupal Bhuyan @ Rahul v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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