Dipen Das @ Debeswar Das v. The State of Assam and Anr

ORDER Date : 24-09-2024 Heard Mr. S. Munir, learned counsel for the petitioner Sri Dipen Das @ Debeswar Das, who has filed this application under Section 439 of the Code of Page No.# 2/3 Criminal Procedure, 1973 with prayer for bail as he is behind bars since

21.10.2023 in connection with Special (POCSO) Case No. 111/2023 arising out of Bongijan Police Station Case No. 14/2023 under Sections 448/354A/376/511 of Indian Penal Code, 1860 read with Section 8 of Protection of Children from Sexual Offences Act, 2012 pending in the Court of learned Special Judge (POCSO), Golaghat.

¶2Heard Mr. D. Das, learned Additional Public Prosecutor, Assam and Mr. G. Das, learned counsel for the respondent No. 2.

¶3Learned counsel for the respondent No. 2 as well as the learned Additional Public Prosecutor have raised serious objection stating that the petitioner does not deserve bail considering the facts and circumstances of this case. Moreover, the petitioner is a neighbor and the victim may be threatened by the petitioner who is of a formidable character. The victim is only 14 (Fourteen) years old.

¶4I have considered the submissions at the bar with circumspection.

¶5It is submitted on behalf of the petitioner that the petitioner has been behind bars for 338 (Three Hundred and Thirty Eight) days. Moreover, it is submitted that the petitioner is willing to cooperate with the trial and he will not jump the bail. The petitioner is a local resident and he is willing to abide by any stringent bail conditions if imposed upon him.

¶6Considering the submissions at the bar, the petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that :

(i) the petitioner shall not go anywhere near the vicinity of the victim,

(i) the petitioner shall not exercise threats to the witnesses and shall Page No.# 3/3 maintain the peace,

(iii) the petitioner shall appear before the Trial Court and the petitioner shall not leave the jurisdiction of the Trial Court without prior written permission till completion of trial.

¶7On breach of any of the bail conditions, the learned Trial Court is at liberty to cancel the bail granted to the petitioner.

¶8In terms of the above observation, this Bail Application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010082352024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1214/2024 DIPEN DAS @ DEBESWAR DAS S/O SRI SENIRAM DAS VILL- 5 NO. PURAJUNGLE, P.S. BOGIJAN DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SRI KAMAL DAS S/O SRI DOMAI DAS VILL-5 NO. PORAJANGHAL P.S. BOGIJAN DIST. GOLAGHAT PIN- 78562 Advocate for the Petitioner : MR. S MUNIR, Advocate for the Respondent : PP, ASSAM, G. DAS (R-2),S MEDHI (R-2),MR. P THAKURIA (R- 2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND