Dinesh Kalita v. The State of Assam and Anr

ORDER Date : 13-02-2024

¶1Heard Mr. B.K. Mahajan learned counsel for the petitioner. Page No.# 2/2

¶2The petitioner, namely, Mr. Dinesh Kalita has filed this application under Section 439 Cr.PC with prayer for bail as he is behind bars since 04.10.2023 in connection with Special (POCSO) Case No. 162/2023 arising out of Palashbari P.S. Case No. 346/2023 u/s 376AB/354(A) IPC read with Sections 4/10 of the POCSO Act.

¶3Heard Mr. R.R. Kaushik, learned Addl. PP for respondent No. 1 and Mr. A. Khan, learned counsel for the informant.

¶4I have considered the submissions at the Bar.

¶5It is submitted that the petitioner is 65 years old and there was a tenancy dispute between the petitioner and the aggrieved and a false case was initiated against the petitioner. Charge-sheet has been laid against the petitioner u/s 376AB/511 IPC read with Section 8 of the POCSO Act.

¶6I have considered the submissions at the Bar with circumspection. I have also considered the age of the petitioner. The petitioner has also pledged to co-operate with the trial and he has agreed to abide any bail condition imposed upon him.

¶7Considering all aspects, petition is allowed. The petitioner is enlarged on bail of Rs. 50,000/- with a suitable surety of like amount to the satisfaction of the learned Special Judge, POCSO, Kamrup, Amingaon under the conditions that:- i. The petitioner shall never go near the vicinity of the victim; and ii. the petitioner shall not influence the witnesses and exercise threats to the witnesses. On breach of any bail conditions, bail order shall stand cancelled.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010028012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./407/2024 DINESH KALITA R/O VILL- JONAKIPUR MIRZA, P.S. PALASHBARI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:SMT. JUTIKA HAZOWARY W/O NAYAN HAZOWARY R/O VILL- BAGDUBA P.S. DHUPDHARA DIST. GOALPARA ASSA Advocate for the Petitioner : MR. A CHAUDHURY Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND