Patar Engleng v. The State of Assam

ORDER

25.07.2023 Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. D. Das, learned Addl. Public Prosecutor for the State.

¶2This bail application under Section 439 Cr.P.C. has been filed by petitioner, Page No.# 2/3 namely, Patar Engleng, who has been detained behind the bar since

25.02.2023 (151 days) in connection with Bakalia PS Case No. 18/2023 under Section 366 IPC read with Section 6 of the POCSO Act, 2012 (G.R. Case No. 115/2023).

¶3The accusation in this case is that on 25.02.2023 one Shri Mangal Ranghang lodged an FIR before the Officer In-charge of Bakalia Police Station, inter alia, alleging that the present petitioner had enticed the younger sister of first informant and eloped her from his house and later on married his younger sister even though the petitioner was a married man having three children. On receipt of the said FIR, Bakalia P.S Case No. 18/2023 was registered and investigation was initiated, ultimately on completion of the investigation, charge-sheet was laid against the present petitioner and on 02.05.2023, charge under section 366 of the Indian Penal Code read with section 6 of the POCSO Act, 2012 was framed against the present petitioner to which the present petitioner pleaded not guilty and claimed to be tried.

¶4The learned counsel for the petitioner has submitted that considering the period of detention of the present petitioenr i.e. 151 days, he may be allowed to go on bail.

¶5The learned Addl. Public Prosecutor, Assam also submits that out of the 11 listed prosecution witnesses in the charge-sheet, 8 have already been examined and the trial is nearing its end. The learned Addl. Public Prosecutor also submits that the victim girl has also been examined.

¶6Considering the submissions made by learned counsel for the petitioner as well as the learned Addl. Public Prosecutor and considering the fact that the most of the witnesses, who were listed as prosecution witnesses, have been examined and also the fact that the victim has been examined, further custodial Page No.# 3/3 detention of the present petitioner may not be necessary to ensure fair culmination of trial which he is facing before the Court of learned Special Judge, Karbi Anglong, Diphu.

¶7In view of above, the present petitioner, namely, Patar Engleng, is allowed to go on bail of Rs. 30,000/- (Rupees Thirty Thousand only) with one surety of like amount to the satisfaction of learned Special Judge (POCSO), Karbi Anglong, Diphu with a condition that the present petitioner shall continue to co-operate in the trial of POCSO Case No. 17/2023.

¶8With the above observation, the instant bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010129272023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2083/2023 PATAR ENGLENG S/O SRI BURA ENGLENG R/O VILL- LANGMILI MOHAN PHANGCHO GAON P.S. BAKALIA DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. M SAIKIA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA