Sabo Sarkar @ Sebo Sarkar v. The State of Assam and Anr

ORDER Date : 19.07.2024 Heard Mr. A.M.Ahmed, learned counsel for the petitioner as well as Mr. R.J.Baruah, learned Addl. P.P., Assam for the State respondent. Page No.# 2/2 By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioners namely, Sabo Sarkar @ Sebo Sarkar has 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. The learned counsel for the petitioner submits that the petitioner has been languishing in judicial custody for last 60 days since his arrest on 20.05.2024. Charge sheet has not yet been submitted and as such, considering length of detention, the petitioner may be enlarged on bail. The learned Addl.P.P. 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 FIR, Forwarding Report and the averments made in this petition, it is seen that the petitioner has been languishing in judicial custody for 60 days. He has completed the mandatory period of detention and therefore, this Court is inclined to grant the privilege of bail to the petitioner. Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 40,000/- with one surety of like amount to the satisfaction of the learned Special Judge (POCSO Act) Bongaigaon subject to the following conditions;-

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

(ii) That the petitioner shall cooperate with the Investigating Officer as and when required;

(iii) That the petitioner 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.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010144022024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2091/2024 SABO SARKAR @ SEBO SARKAR S/O MOHESH SARKAR, VILL- KACHUGAON, P.S.-BONGAIGAON, DIST- BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:RUPIOR RAHMAN S/O ATOWAR RAHMAN VILL- BILASHPUR P.S.-KAJALGAON DIST- CHIRANG BTAD ASSAM PIN-78337 Advocate for the Petitioner : MR. A M AHMED Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI