Election Narah v. The State of Assam and Anr

PageoNo.#o1/2 GAHC010049282024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/623/2024o ELECTIONoNARAHo S/OoLATEoBALENoCHANDRAoNARAH,oDIST-oDHEMAJI,oP.O.-MATIKHULA,o P.S.-DHEMAJI,oDIST-oDHEMAJI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:SMToAPARNAoNGATEY oW/OoSRIoPUNESHWARoNGATEY oR/OoVILL-oBANGALMARI oP.O.-MATIKHULA oP.S.-DHEMAJI oDIST-oDHEMAJI oASSAM oPIN-o(INFORMANTo AdvocateoforotheoPetitionerooooo:oMR.oBoHALDARo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ::kBEFOREk::k HON'BLEkMR.kJUSTICEkPARTHIVJYOTIkSAIKIA kOkkkRkkkDkkkEkkkRk

20.03.2024o Heard the learned counsel Mr. B. Haldar appearing for the petitioner as well as Mr. R.J. Baruah, learned Addl. Public Prosecutor representing the State of Assam. Mr. P.K. Das, learned counsel appearing for the informant. Page No.# 2/2

¶2This is an application under Section 438 of the CrPC in respect of the Dhemaji P.S. Case No.25/2024 under Sections 376AB/511 of the Indian Penal Code read with Section 8 of the POCSO Act.

¶3The informant has alleged in the FIR that the present petitioner had forcibly tried to commit ill act upon her 12 year old daughter.

¶4In her statement under Section 164 of the CrPC, the victim girl has stated that she was holding the infant baby of the petitioner on her lap and when the petitioner took his baby from her lap, his hands touched her chest.

¶5I have also gone through the case diary.

¶6I find that no prima facie case under Section 8 of the POCSO Act has been made out against the present petitioner. Therefore, the petitioner does not deserve to be detained in custody. His pre-arrest bail application is allowed.

¶7It is hereby directed that in the event of arrest of the petitioner, namely-Sri Election Narah in connection with Dhemaji P.S. Case No.25/2024 under Sections 376AB/511 of the Indian Penal Code read with Section 8 of the POCSO Act, he shall be allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶8The application for bail is disposed of. Case diary shall be returned.

JUDGE Comparing Assistant