Jiren Sarkar and Anr v. The State of Assam and Anr

ORDER Date : 19.07.2024 Heard Mr. M.Khan, learned counsel for the petitioners as well as Mr. R.J.Baruah, learned Addl. P.P., Assam for the State respondent. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, 1.Jiren Sarkar and 2. Dalim Barman have prayed for bail in connection with Bongaigaon PS Case No. 182/2024 under Sections 120B/342/354/354B/354C/354D/387 of the IPC r/w Sections 8/12/13/14/15 of the POCSO Act r/w Section 66 E/67/67A of IT Act. Case diary is received. The learned counsel for the petitioners submits that both the petitioners have been languishing in judicial custody for last 60 days since their arrest on 20.05.2024. Charge sheet has not yet been submitted and as such, considering length of detention, the petitioners may be enlarged on bail. The learned Addl.P.P. has produced the case diary and submits objection on the prayer of bail as notice has not been served on respondent No.2. Having heard the learned counsel for the parties and on perusal of the case diary and the averments made in this petition, it is seen that the petitioners have been in judicial custody for 60 days. They have completed the mandatory period of detention and therefore, this Court is inclined to grant the privilege of bail to the petitioners. Accordingly, it is provided that the petitioners named above shall be released on furnishing bail bond of Rs. 40,000/- each with one surety each of like amount to the satisfaction of the learned Special Judge (POCSO Act) Bongaigaon subject to the following conditions;-

(i) The petitioners shall not leave the territorial jurisdiction of learned Special Judge (POCSO Act) Bongaigaon without prior written permission from him/her;

(ii) That the petitioners shall cooperate with the Investigating Officer as and Page No.# 3/3 when required;

(iii) That the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Police Officer or the Court. Violation of any condition shall tentamount to cancellation of bail. This disposes of the bail application. Return the case diary. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010124212024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o oooooooooooooooooooooooooooooooooooooooooooBailoAppln./1986/2024 JIRENoSARKARoANDoANR. S/OoKHADARAMoSARKARo R/OoVILL-oMAMUGAON oP.S.oANDoDIST.oBONGAIGAON oASSAM 2:oDALIMoBARMAN S/OoLOHIToBARMANo R/OoVILL-oMAMUNGAON oP.S.oNADoDIST.oBONGAIGAON oASSAM oVERSUS THEoSTATEoOFoASSAMoANDoANR. REPoBYoTHEoPP oASSAM 2:RUPIORoRAHMAN S/OoATOWARoRAHMANo VILL-oBILASHPUR oP.S.oKAJOLGAON oDIST.oCHIRANG oBTAD oASSAM o------------ oAdvocateoforo:oMR.oMoKHAN Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR. ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI