Himangshu Das v. The State of Assam

ORDER Date : 02.03.2023

Heard A. Choudhury, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned APP appearing for the State.

¶2The petitioner, who was arrested on 18.01.2023, is seeking regular Page No.# 2/3 bail under section 439 Cr.P.C. in connection with Raha P.S. Case No. 307/2021, under section 366(A) IPC, added section 6 of the POCSO Act.

¶3The learned APP has perused the case diary and opposed the prayer for bail on the ground that as per the investigation carried out so far, the petitioner is accused of having physical relationship with the victim girl, who is a minor.

¶4In this bail application as well as in the affidavit filed by the informant, the consistent stand has been taken that the victim girl had eloped and when she was recovered in Barpeta, the petitioner went to retrieve the victim, but she refused to come back and had threatened the petitioner to implicate him in false case, and accordingly, a false case has been registered against the petitioner. The informant has stated in her affidavit that she has no objection if the petitioner is released on bail.

¶5In view of the stand taken by the informant in her affidavit filed on

22.02.2023, taking into consideration that the petitioner was arrested on

18.01.2023 and has suffered custody for last 43 days, the Court is of the considered opinion that further custodial interrogation of the petitioner may not be necessary. Hence, the Court is inclined to grant bail to the petitioner, namely, Himangshu Das @ Himanshu Das in connection with the aforesaid case on furnishing bail bond of Rs.40,000/- with one solvent surety of like amount to the satisfaction of the learned Special Judge, POCSO, Nagaon.

¶6Bail is granted on the following conditions: I. The petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when Page No.# 3/3 required. II. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witness. III. The petitioner shall not obstruct the smooth progress of the investigation/trial. IV. The petitioner shall not misuse his liberty in any manner. V. The petitioner shall appear before the I/O within 10 (ten) days from the date of his release.

¶7As the informant has admitted that a false case has been filed against the petitioner, the Court expects that the I/O would take note of the provisions of section 22 of the POCSO Act, 2012 and take appropriate steps as he deems fit and proper.

¶8Case diary is returned.

¶9The learned APP shall transmit a copy of this order to the I/O.

¶10This application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010025172023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./558/2023 HIMANGSHU DAS S/O GOURI KANTA DAS PERMANENT R/O VILL. AJASATAR P.S SARUPETA DIST. BARPETA ASSAM AND TEMPORARY ADD. VILL. FULOGURI P.S RAHA DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. D BORA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA