Karan Mirdha v. The State of Assam

ORDER 25-05-2023

¶1Heard Mr. B P Borah, learned counsel for the petitioner and. Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State.

¶2By this application filed under Section 439 Cr.P.C., the petitioner, namely, Karan Mirdha, is seeking bail in connection with Sessions Case No. 123(s-s)/2022 arising out of Demow P.S. Case No. 61/2022 registered under Sections 376/323/506 IPC corresponding to Page No.# 2/3 G.R. No. 437/2022.

¶3The petitioner, namely, Karan Mirdha, is an FIR named accused in Demow P.S. Case No. 61/2022 registered under Sections 376/323/506 IPC corresponding to G.R. No. 437/2022.

¶4The victim herself lodged the FIR of the case stating that earlier on 15.04.2022 she lodged an FIR which was not considered.

¶5The 2nd FIR of the case was lodged on 01.06.2022, in which the petitioner was arrested on 02.06.2022 and he is in custody since then.

¶6Charge-Sheet against the petitioner in the above mentioned case was filed on

29.06.2022 vide Charge-Sheet No. 67/2022 under Sections 376/506 IPC.

¶7Presently, Sessions Case No. 123(s-s)/2022 arising out of said Demow P.S. Case No. 61/2022 corresponding to G.R. No. 437/2022 is pending before the Court of learned Additional Sessions Judge, First Track Court, Sivasagar, Assam, in which charges against the petitioner were framed on 17.08.2022 under Sections 376/323/506 IPC.

¶8It is seen from the case records of said Sessions Case No. 123(s-s)/2022 that the evidence of the victim was recorded on 15.03.2023 and the defense cross-examined her. Prior to that, on 01.06.2022 statement of the victim was recorded under Section 164 Cr.P.C. and on

02.06.2022 medical examination of the victim was conducted at Sivasagar Civil Hospital, Sivasagar.

¶9It is seen from the case records of said Sessions Case No. 123(s-s)/2022 that the evidence of 7 more prosecution witnesses are yet to be recorded, including the concerned Doctor who examined the victim as well as the Investigating Officer of the case.

¶10Considering the gravity of the offences as alleged by the victim in her evidence and that 7 more prosecution witnesses are yet to be examined, the Court is not inclined to grant bail to the petitioner at this stage in said Sessions Case No. 123(s-s)/2022 arising out of Demow P.S. Case No. 61/2022 corresponding to G.R. No. 437/2022.

¶11Accordingly, this bail application of the petitioner, named above, at this stage stands rejected.

¶12Return the Case Diary. Page No.# 3/3

¶13Needless to say, the concerned Trial Court may record the evidence of the prosecution witnesses at a faster pace.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010075722023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1402/2023 KARAN MIRDHA S/O- SRI MURULI MIRDHA, R/O- RAJMAI TEA ESTATE, STUFF LINE, P.O. RAJMAI, P.S. DEMOW, DIST.- SIVASAGAR, ASSAM, PIN- 785672 VERSUS THE STATE OF ASSAM REP. BY P.P., ASSAM Advocate for the Petitioner : MR. B P BORAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK