Nipu Tossa and Anr v. The State of Assam and Anr

ORDER

19.08.2024 Heard Mr A Ganguly, learned counsel for the petitioners, 1) Sri Nipu Tossa and 2) Sri Sushil Pantanti, who have filed this application under Section 439 of the Code of Criminal Procedure, 1973, with prayer for bail, as they are behind bars since 28.05.2024, in connection with Biswanath Chariali PS Case No. 112/2024, under Section 363/376 DA of the Indian Penal Code, 1860, read with Section 6 of the POCSO Act, 2012.

¶3Heard Mr R R Kaushik, learned Additional Public Prosecutor for the State of Assam. Also heard Ms K Phukan, learned counsel for the respondent No. 2.

¶4The learned counsel for the informant has raised objection stating that the victim is from a poor family and at present, she is undergoing treatment. The petitioners do not deserve bail as they are booked under a serious offence.

¶5I have considered the submissions at the Bar.

¶6I have also scrutinized the Case Diary.

¶7The allegation against the petitioners is that they are complicit in kidnapping the victim-'X'. The petitioners then took the victim to an abandoned hut at Ghiladhari Tea Estate and the accused No. 1 had committed sexual assault on the victim.

¶8It is submitted on behalf of the petitioners that they have not committed rape and at Page No.# 3/4 the most, they can be booked under Section 363 IPC. It is also submitted that they were not involved in any gang rape and they have been highly prejudiced as they have been forwarded to custody in connection with a false case.

¶9The merits of this case are not brought to the fore as the case is still under investigation. However, I have considered the length of detention.

¶10Case Diary reveals that investigation has progressed to a considerable extent.

¶11I have considered the submission on behalf of the petitioners that they are willing to cooperate with the remaining part of investigation and they are willing to abide by any stringent bail conditions, if imposed upon them. The petitioners are local residents and they are not flight risks.

¶12Considering all aspects and in view of my foregoing discussions, petition is allowed. Both the petitioners are enlarged on bail of Rs. 50,000/-each, with one surety of the like amount to the satisfaction of the learned Special Judge, Biswanath at Biswanath Chariali, under the condition that-

i) the petitioners shall cooperate with the remaining part of investigation,

ii) the petitioners shall not exercise threats to the witnesses or try to influence them, and

iii) the petitioners shall not leave the jurisdiction of the Court, without prior permission. On breach of any of the bail conditions, this bail order shall automatically stand Page No.# 4/4 cancelled.

¶11With the above directions, this bail application stands disposed of.

¶12Send back the Case Diary. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010126342024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1886/2024o NIPUoTOSSAoANDoANR.o S/OoSRIoSURENoTOSSAo R/OoVILL-oGHILADHARIoBASTI,oP.S.oSOOTEA,oDIST.oBISWANATH,oASSAM 2:oSUSHILoPANTANTI oS/OoLATEoNAKULoPANTANTIo R/OoVILL-oGHILADHARIoTEoLINEoNO.o2 oP.S.oSOOTEA oDIST.oBISWANATH oASSAo VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:SITAoPROJA oW/OoSRIoKRISHNAoPROJAo R/OoVILL-oNAHARANIoGAONo(BALICHANG)o P.S.oBISWANATHoCHARIALIo DIST.oBISWANATH,ooASSAMo AdvocateoforotheoPetitionerooooo:oMRoToCHHETRI,oMR.oAoGANGULYo AdvocateoforotheoRespondento:oPP,oASSAM,oMS.oKoPHUKANo(LEGALoAIDoCOUNSELoFORoR-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND