Jogen Chandra Rajbongshi v. The State of Assam and Anr

ORDER Date : 04.10.2024 Heard Mr. A. Chaudhury, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State and Mr. M.P. Sarma, learned counsel for the respondent No. 2.

¶2By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, the accused petitioner namely, Jogen Chandra Rajbongshi, has prayed for bail in connection with Tamulpur P.S. Case No. 217/2024 under Section 75(1) of BNS, 2023 r/w Section 12 of POCSO Act, 2012.

¶3It has been submitted by the learned counsel for the petitioner that the petitioner is a Head Master of Barkhopa High School, Barigaon, Tamulpur and he is about 56 years of age. It is also submitted that the petitioner has been detained in custody since 03.09.2024. According to the learned counsel for the petitioner, a notice under Section 35(3) of BNSS, 2023 corresponding to Section 41(A) Cr.P.C. is required to be served to the petitioner as per guidelines laid down by the Hon'ble Supreme Court. However, no such notice was issued to the petitioner. Considering the background of the case as well as non-compliance with the provision of Section 35(3) of BNSS, the petitioner may be enlarged on bail. In support of his submission, the learned counsel for the petitioner has referred a Bail Application vide BA No. 3014/2022. Page No.# 3/5

¶4Mr. Goswami, learned Additional Public Prosecutor for the State and Mr. Sarma, learned counsel for the respondent No. 2 have categorically submit that the victim girl stated in her evidence that the accused/petitioner inappropriately touched her body and harassed her for last five months. The learned Additional Public Prosecutor also submits that there is no reflection in the case diary that notice under Section 41(A) Cr.P.C. was issued against the petitioner.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the case diary.

¶6In the case of Santender Kumar Antil v. Central Bureau of Investigation & Anr. reported in 2022 LiveLaw (SC) 577, the Hon'ble Supreme Court held that- "b) The investigating agencies and their officers are duty-bound to comply with the mandate of Section 41 and 41 A of the Code and the directions issued by this Court in Arnes Kumar (supra). Any dereliction on their part has to be brought to the notice of the higher authorities by the court followed by appropriate action. c) The courts will have to satisfy themselves on the compliance of Section 41 and 41A of the Code. Any non-compliance would entitle the accused for grant of bail.

¶7In the light of the allegations in the FIR, the maximum punishment being three years with fine for the offence under Section 75(1) of BNS, 2023 and 12 of POCSO Act, it is essential that a notice under Section 35(3) BNSS be served Page No.# 4/5 to the petitioner. The learned counsel for the parties have confirmed that no such notice has been issued to the petitioner. In view of the above, this Court is inclined to grant bail to the petitioner.

¶8Accordingly, the petitioner, named above, shall be released on bail in connection with Tamulpur P.S. Case No. 217/2024 under Section 75(1) of BNS, 2023 r/w Section 12 of POCSO Act, 2012, on furnishing bail bond of Rs.50,000/- with two suitable sureties of the like amount to the satisfaction of learned Special Judge, Mushalpur, Baksa, Assam.

¶9The direction for bail is further subject to the conditions that the petitioner:

(a) shall not leave the territorial jurisdiction of learned Special Judge, Mushalpur, Baksa, Assam without prior written permission from him/her;

(b) 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;

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

(d) shall appear before the Investigating Police Officer once in a week for six weeks after his release on bail as and when called upon by the Investigating Police Officer till the investigation of the case is completed.

¶10Breach of any of the above conditions, shall tantamount to cancellation of bail. Page No.# 5/5

¶11In the view of the above, the bail application stands disposed of.

¶12Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010186652024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2746/2024o JOGENoCHANDRAoRAJBONGSHIo S/OoLATEoNABINoRAJBONGSHI,oR/OoVILL-oCHOKAMARI,o11THoMILE,oP.S.- TAMULPUR,oDIST-oTAMULPUR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:PRANAMIKAoKALITA oW/OoRATULoKALITA oR/OoVILL-oBATIAMARI oP.S.-TAMULPUR oDIST-oTAMULPUR oASSAM oPIN-78136o AdvocateoforotheoPetitionerooooo:oMR.oAoCHAUDHURY,oMR.oDoBORA,MR.oNoMAHAJAN,MR.oPoKo DASo AdvocateoforotheoRespondento:oPP,oASSAM,oMRoNABENDUoPATHAKo(R-2),MRoAo CHAKRABORTYo(R-2),MR.oMoPoSARMAo(R-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/5 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI