Ripan Chauhan v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010009712024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./211/2024o RIPANoCHAUHANo S/OoSRIoGULCHANoCHAUHANo R/OoVILL-oGULANDIoCHAHo BAGICHA,oP.O.oBHAKATPARAo P.S.oDHULAo DIST.oDARRANG,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:SRIoMONORANJANoCHAUHAN oS/OoSRIoJAWAHARLALoCHAUHANo R/OoVILL-oKADAMTALAo BAGICHA oP.O.oBHAKATPARAo P.S.oDHULAo DIST.oDARRANG oASSAo AdvocateoforotheoPetitionerooooo:oMRoRoSoCHAUHANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE THEkHON'BLEkMRkJUSTICEkARUNkDEVkCHOUDHURY OkRkDkEkR o Page No.# 2/3

12.03.2024 Heard Mr. NJ Dutta, learned counsel for the applicant and Mr. KK Parasar, learned Addl. PP, appearing for the State of Assam.

¶2This is a second bail application filed by the applicant, namely, Ripan Chauhan, under section 439 Cr.P.C who has been in custody since 10.02.2023 in connection with Dhula PS Case No.157/2019 registered under section 341/506 IPC read with section 4/6 of POCSO Act, 2012.

¶3Earlier this court vide order dated 30.11.2023 passed in Bail Appln No. 3937/2023 has rejected the prayer for granting bail to the petitioner considering the material and stage of trial.

¶4Scanned copies of the records as called for has been received and perused the same.

¶5After rejection of the earlier bail prayer of the petitioner, the minor victim has also been examined, who has implicated the petitioner in commission of the offence.

¶6The victim is aged about 4 years. The PW-2 who is the informant (father) in his examination in chief deposed that while he and his wife was in a tea stall the accused who is a neighbour of the victim came to his tea stall and took the minor to his residence. When the victim did not return after 2/3 hours the PW-2 searched her but subsequently, the accused dropped his daughter at this tea stall. Thereafter the victim told parents regarding the alleged sexual assault. Immediately thereafter FIR was lodged and the victim was examined by the PW-5.

¶7PW-5 deposed that the victim girl was examined in presence of staff nurse in full consent and the age of the victim is four years and her mental condition is normal. Though she remarked that there is no evidence of sexual intercourse however, swelling in libia majora is seen at the time of examination.

¶8Considering such material and also considering the stage of trial, this Court is of the view that no case for grant of bail is made out and accordingly the same Page No.# 3/3 stands dismissed.

¶9However, the observation made in this bail application is only for the purpose for determination of bail of the petitioner and same shall not be treated any comment on the ultimate merit of the case of the prosecution.

¶10Bail application stands disposed of. JUDGE Comparing Assistant