Jayanta Talukdar v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010107702024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1588/2024o JAYANTAoTALUKDARo S/OoLT.oSURESHoTALUKDARo R/OoREHABARI,oBANIoNAGAR,oB/Lo-01,oH/NO.o09,oP.S.oPALTANoBAZAR,oDIST. KAMRUPo(M). VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPoBYoTHEoPP,oASSAM 2:ANJALIoBHUYAN oW/OoLT.oHARENDRAoRAMoBHUYANo R/OoREHABARI oNEARoNEWoPOSToOFFICE oH/NO.o4 o P.S.oPALTANoBAZAR oDIST.oKAMRUPo(Mo AdvocateoforotheoPetitionerooooo:oMR.oFIRUZoKHAN,oMSoDoBARUAH,MR.oABHIJIToMENA,MRoUo CHAUDHURY,P.oNATH,RHITUSHREEoTALUKDARo AdvocateoforotheoRespondento:oPP,oASSAM,oMRSoRoKAKATI(R-2),MS.oMoPATHAK(R-2),MS.oNo BARMAN(R-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK O R D E R

05.09.2024 Heard Mr. F. Khan, learned counsel appearing for the petitioner and Mr. R.J. Barua, learned Additional Public Prosecutor appearing for the State of Assam. Also heard Ms. N. Barman, learned counsel appearing for the informant/opposite party No.2.

¶2The petitioner, namely, Jayanta Talukdar, who is an F.I.R named and charge-sheeted accused in Sessions (Special) Case No.32/2024, arising out of Paltanbazar P.S. Case No.519/2023, registered under Section 354-A IPC read with Section 6 of POCSO Act, arrested on 25.11.2023, have filed this application for bail alleging that since the date of his arrest on

25.11.2023, he is in custody for more than 09(nine) months.

¶3It is also contended by the petitioner that the said Sessions (Special) Case No.32/2024 is presently pending before the court of learned Special Judge (POCSO), Kamrup (Metro), Guwahati and that he has been falsely implicated in the case.

¶4Mr. R.J. Barua, learned Additional Public Prosecutor, Assam objected the bail prayer of the petitioner.

¶5Perused the records of the case that was called for by order dated

03.06.2024.

¶6From the records, it is seen that up to 18.07.2024, evidences of four prosecution witnesses have been recorded out of 10(ten) prosecution witnesses named in the Charge-Sheet of the case. All the four witnesses Page No.# 3/3 including the victim, the informant, i.e., maternal grandmother of the victim and two independent witnesses, i.e., Principal of the school and the Class Teacher of the school in which the victim used to study, implicated the petitioner.

¶7It is also seen that in her statement recorded under Section 164 Cr.P.C on 24.11.2023, the minor victim implicated the petitioner with regard to the incident. Moreover, the medical report of the victim also supports the allegation lodged by the victim against the petitioner.

¶8Considering sufficient materials in the record, implicating the petitioner of his involvement in the case, this Court is of the opinion that it is not a fit case to grant bail to the petitioner in said Sessions (Special) Case No.32/2024 presently pending before the Court of learned Special Judge (POCSO), Kamrup (Metro), Guwahati arising out of Paltanbazar P.S. Case No.519/2023 at this stage.

¶9Accordingly, this bail application of the petitioner stands rejected. JUDGE Comparing Assistant