Dipjyoti Konwar v. The State of Assam and Anr

ORDER

06.09.2024 Heard Mr L Gogoi, learned counsel for the petitioner, Dipjyoti Konwar, who has filed this application under Section 483 of the BNSS, 2023, with prayer for bail as he is Page No.# 2/3 behind bars since 30.07.2024, in connection with Noonmati PS Case No. 157/2024, under Section 6 of the POCSO Act, 2012

¶2Heard Mr B B Gogoi, learned Additional Public Prosecutor for the State of Assam/respondent No. 1 and Mr R Yasin, learned counsel appearing on behalf of the respondent No. 2.

¶3The allegation against the petitioner is that he had committed sexual assault on a minor victim, X, who is only 2 ½ years old.

¶4The learned counsel for the respondent No. 2 and the learned Additional Public Prosecutor has raised serious objection, stating that considering the gravity of the offence, the petitioner is not entitled to bail.

¶5The learned Counsel for the petitioner has submitted that the petitioner is only 18 years old and his father is a cancer patient and his mother has already passed away.

¶6I have considered the submissions at the Bar with circumspection.

¶7The learned Additional Public Prosecutor has submitted that there are incriminating materials in the Case Diary against the petitioner.

¶8I have also scrutinized the Case Diary.

¶9Indeed, there are there are incriminating materials in the Case Diary against the petitioner.

¶10At this juncture, there appears to be no justified ground to extend the privilege of Page No.# 3/3 bail to the petitioner.

¶11Hence, petition is rejected at this stage.

¶12Send back the Case Diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010164942024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2454/2024 DIPJYOTI KONWAR S/O LATE SANJEEB KONWAR, R/O SHIVA NAGAR, VIP ROAD, OPP. HARMONY APARTMENT, NEAR NAMGHAR, P.S.-NOONMATI, DIST- KAMRUP (M), ASSAM, PIN-781020 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:KAJAL DAS S/O SRI KARTIK DAS R/O NARENGI KOTONGPAR BAZAR P.S.-NOONMATI DIST- KAMRUP (M) ASSAM PIN-78102 Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM, MR. R DEKA(R-2),F. K. AHMED(R-2),MR B DEKA(R-2) BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND