Bikash Sah @ Raj Verma v. The State of Assam and Anr

ORDER

10.09.2024

Heard Mr. J. Payeng, 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. Page No.# 2/3 By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Bikash Sah @ Raj Verma, has prayed for grant of bail in connection with Haflong P.S. Case No.48/2024 under Sections 120(B)/354-A/509 of IPC r/w Section 12 of POCSO Act and Section 67(A) of IT Act, 2000. 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 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 not implicated the petitioner, the main accused is one Aman Sah. However, he submitted that length of detention may be considered. Mr. Kalita, leaned counsel appearing for the respondent No.2 has also argued on the same tune that length of detention may be considered. I have considered the submission of learned counsel for the parties as well as perused the case diary including the statement of the victim girl recorded under Section 164 Cr.P.C. Considering the matter in its entirety, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.30,000/- with one suitable surety of the like amount, to the satisfaction of learned Special Judge, Dima Hasao, Haflong. The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Dima Hasao, Haflong without prior written permission from him/her; Page No.# 3/3

(b) shall not hamper with the investigation, or tamper with the evidence of the case;

(c) 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 Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010170892024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2542/2024 BIKASH SAH @ RAJ VERMA S/O LATE BHARAT SAH, R/O VILL- BOKOLIA 1 NO BALIJAN, P.S.-BOKOLIA, DIST- KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:VICTIM D/O DURGA BAHADUR RANA BHAT VILL- UMRANGSO NEAR HAFLONG GOVT COLLEGE P.S.-HAFLONG DIST- DIMA HASAO ASSAM PIN-78881 Advocate for the Petitioner : MR J PAYENG, MS A PAYENG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI