Thomas Basumatary v. The State of Assam and Anr

ORDER

27.06.2024

¶1Heard Mr. B.K. Mahajan, learned counsel for the petitioner and also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam, appearing for the State respondent as well as Ms. M.K. Brown, learned Amicus Curiae, to defend the cause of the respondent No. 2.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973 has been filed by the petitioner, namely, Thomas Basumatary, who has been detained behind the bars since 24.05.2024 (for last 36 days) in connection with Satgaon Police Station Case No. 81/2024 under Section 376 of the IPC read with Section 4 of the Protection of Children from Sexual Offence Act, 2012.

¶3The gist of accusation in this case is that the father of the victim had lodged an FIR before the Officer-In-Charge of Satgaon Police Station, inter alia, alleging that his daughter developed some acquaintance with the present petitioner, who lured her and called her to his rental house at Luit Nagar, Guwahati and thereafter, committed rape on her.

¶4The learned counsel for the petitioner has submitted that there was a relationship between the petitioner and the victim girl, who is aged about 17 years+ and the allegations levelled against the present petitioner in the FIR is not true.

¶5The learned counsel for the petitioner has submitted that the petitioner has already been detained behind the bars for last 36 days and considering the period of detention, his prayer for bail may be allowed.

¶6The learned Additional Public Prosecutor has produced the case diary Page No.# 3/4 of Satgaon Police Station Case No. 81/2024 and has submitted that in her statement before the Investigating Officer under Section 161 of the Code of Criminal Procedure, 1973, the victim has stated that she was subjected to sexual intercourse by the petitioner without her consent.

¶7The learned Amicus Curiae, representing the respondent No. 2 has vehemently opposed the grant of bail to the above-named petitioner on the ground that as the victim and the petitioner were in relationship earlier, there is a possibility that the victim may be influenced by the petitioner, if he is released on bail.

¶8I have considered the submissions made by the learned counsel for both the sides and have perused the materials available on record, including the case diary of Satgaon Police Station Case No. 81/2024. Though there are incriminating materials against the present petitioner in the case diary, however, it appears that the investigation has fairly progressed and the petitioner has been detained behind the bars since for last 36 days. Hence, if the stringent conditions are imposed on the petitioner and if he co-operates in the investigation, his further custodial detention may not be necessary for fair completion of investigation of Satgaon Police Station Case No. 81/2024.

¶9In view of above, the above-mentioned petitioner is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only), with one surety of like amount to the satisfaction of the learned Special Judge, POCSO, Kamrup (Metro), Guwahati subject to the following conditions: i. That the petitioner shall co-operate in the investigation. ii. That the petitioner shall not directly or indirectly make any inducement, threat or promise to any person who may be acquainted with the facts of the case, so as to dissuade such person from disclosing such facts Page No.# 4/4 of the case before the Investigating Officer.

¶10With the above observations, this bail application is hereby disposed of.

¶11Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010108742024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1569/2024o THOMASoBASUMATARYo S/OoPOLENoBASUMATARY,o PERMANENToRESIDENToOFoANSEFURIo(BARPETAoROAD)oPSo GOBARDHANA,oDISToBAKSA,oASSAMo TEMPORARYoADDRESSoLUIToNAGAR,oHOUSEoNO.o43A,oPSoSATGAON,oDISTo KAMRUPoMoASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPoBYoTHEoPPoASSAM 2:BIPULoDAS oS/OoLATEoRATNESWARoDASo RESIDENToOFoPRAGATIoNAGAR oBYEoLANEoNO.o5 oHOUSEoNO.o16 oPSoSATGAON oGUWAHATIoKAMRUPoMoASSAo AdvocateoforotheoPetitionerooooo:oMR.oNoMAHAJANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA