Chandan Hazarika v. The State of Assam and Anr

ORDER Date : 10.09.2024

Heard Mr. R.De, learned counsel for the petitioner as well as Mr. B.B.Gogoi, learned Addl. P.P., Assam for the State respondent No.1. Also heard Mr. N. Mahajan, learned Amicus Curiae for respondent No.2. By filing this petition under Section 439 Cr.P.C., the accused-petitioner, namely, Chandan Hazarika has prayed for grant of bail in connection with Special (P) Case No. 57/2024 ( Lakhimpur P.S. Case No.123/2024) pending in the court of learned Special Judge, Lakhimpur, North Lakhimpur under Sections 120B/354 of the IPC r/w Section 10 of POCSO Act. The learned counsel for the petitioner submits that the petitioner has been in judicial custody for last 127 days since his arrest on 05.05.2024. The victim and the informant were examined before the learned trial court and they did not support the prosecution case. As the victim is examined, considering length of detention, petitioner may be enlarged on bail. The learned Addl.P.P. on the other hand submits that as the victim has been examined and as such, he has no objection in granting bail considering length of detention. Learned Amicus Curiae for respondent No.2 has made objection in granting bail to the petitioner in view of the allegation made against the petitioner. Having heard the learned counsel for the parties and on perusal of the scanned copy of the trial court records, this Court is of the considered opinion that Page No.# 3/3 further detention of the petitioner is not warranted. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 50,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Lakhimpur, North Lakhimpur subject to the following conditions;-

(i) The petitioner shall not leave the territorial jurisdiction of learned Special Judge, Lakhimpur, North Lakhimpur without prior written permission from him/her;

ii) That the petitioner shall continue to appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed of; and

iii) That the petitioner shall not directly or indirectly make any inducement, threat or promise to any of the prosecution witnesses. Nothing in this order shall be construed as an expression of opinion on the merits of the case. This disposes of the bail application.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010110202024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1592/2024o CHANDANoHAZARIKAo S/OoLATEoJUGALoHAZARIKAo VILL-oGOREHOGAoDHEKIALoGAON,o P.O.oAZAD,oP.S.oNORTHoLAKHIMPUR,o DIST.oLAKHIMPUR,oASSAMo-787031 VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPRESENTEDoBYoTHEoPP,oASSAM 2:SMTI.oJOONMONIoBORAHoBHARALI oW/OoLATEoBIJOYoBHARALIo PERMANENToRESIDENToOFo VILL-oPOKAJORA oP.S.oGORMURo DIST.oMAJULI oASSAMo PRESENTLYoRESIDINGoATo VILL-oBOWALGRIo P.S.oNORTHoLAKHIMPUR o DIST.oLAKHIMPUR oASSAM-78703o AdvocateoforotheoPetitionerooooo:oMRoPoNEOG,oMS.oDoPATHAK,MR.oRoDEo AdvocateoforotheoRespondento:oPP,oASSAM,oMR.oNoMAHAJAN,o(AMICUSoCURIAE)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI