Rohit Nath v. The State of Assam

ORDER Date : 14.08.2024 Heard Mr. A.K. Ahmed, the learned counsel appearing for the petitioners as well as Mr. K.K. Parasar, the learned Additional P.P. for the State of Assam.

¶2This is an application under Section 483 of BNSS, 2023, whereby the petitioner, Rohit Nath, aged 22 years, who was arrested in connection with Dispur P.S. Case No. Page No.# 2/2 740/2024, prays for releasing him on bail.

¶3It may be stated that the petitioner has already spent 23 days in judicial custody.

¶4One 17 year old girl belonging to a different community eloped with the present petitioner. The petitioner and the girl had physical relationship also. Her elder brother even talked to the present petitioner over mobile phone and asked him to come to his house with the girl.

¶5In her statement recorded under Section 166 of the Cr.P.C., the girl stated that she has gone with the petitioner on her own volition.

¶6Mr. Parasar has submitted that there is a possibility that the POCSO Act might also be invoked in this case.

¶7I have considered the submissions made by the learned counsels of both sides.

¶8Since the girl has gone with the petitioner on her own volition, though she is 17 year old, the petitioner does not deserve to be detained in custody.

¶9Accordingly, it is hereby directed that the petitioner namely, Rohit Nath, shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati. The bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010155122024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2275/2024 ROHIT NATH S/O LATE BASU NATH, RESIDENT OF VILLAGE AG OFFICE LANE, NEAR AG OFFICE, BELTOLA, PS BASISTHA, DIST KAMRUP M ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : MR. A K AHMED, M AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA