Aman Sah @ Aman Verma v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010170892024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooCaseo:oBailoAppln./2299/2024 AMANoSAHo@oAMANoVERMA S/OoSRIoBINODoSAH oR/OoVILL-oJAMPATHAR oKHERONI oP.S.-KHERONI oDIST-WESToKARBIoANGLONG oASSAM oPIN-782448 oVERSUS THEoSTATEoOFoASSAMoANDoANR REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR oASSAM 2:VICTIM D/OoDURGAoBAHADURoRANAoBHAT oVILL-oUMRANGSO oNEARoHAFLONGoGOVToCOLLEGE oP.S.-HAFLONG oDIST-oDIMAoHASAO oASSAM o------------ oAdvocateoforo:oMRoMoZoSHAH Advocateoforo:oPP oASSAMoappearingoforoTHEoSTATEoOFoASSAMoANDoANR ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo BEFORE HONOURABLEoMRS.oJUSTICEoMALASRIoNANDI ORDERo Page No.# 2/3

10.09.2024

Heard Mr. M. Z. Shah, learned counsel appearing for the accused petitioner as well as Mr. B. B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent No.1 and Mr. M. Kalita, learned counsel appearing for respondent No.2. By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Aman Sah @ Aman Verma, has prayed for grant of bail in connection with Haflong P.S. Case No.48/2024 under Sections 120(B)/354-A of IPC r/w Section 12 of POCSO Act and Section 67(A) of IT Act. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and he is no way connected with the alleged offence and he has been arrested purely on suspicion. It is also submitted that the accused petitioner has been languishing in judicial custody for last 54 days since his arrest on 18.07.2024. Considering the length of detention, prayer for bail may be considered. On the other hand, Mr. Gogoi, learned Additional Public Prosecutor has produced the case diary and submitted that the victim in her statement recorded under Section 164 Cr.P.C. has implicated the petitioner. As per documents available in the petition it appears that the victim is a minor girl aged about 16 years. Hence, the leaned Additional Public Prosecutor has opposed in granting bail to the petitioner. Mr. Kalita, leaned counsel appearing for the respondent No.2 has submitted that in spite of such allegation of uploading the obscene photos of the victim, the family members of the petitioner pressurized the victim and her family members to withdraw the case filed against the petitioner. He opposed in granting bail to the petitioner. I have considered the submission of learned counsel for the parties. I have Page No.# 3/3 also perused the case diary including the statement of the victim girl recorded under Section 164 Cr.P.C. On perusal of case diary it transpires that the victim is aged about 16 years. She has implicated the accused that he uploaded the obscene photographs of the victim in the instagram which became viral. In view of the above, this Court is not inclined to grant bail to the petitioner. Accordingly, the bail application stands rejected. This bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant