Kungri Taropi v. The State of Assam and Anr

ORDER Date : 008.11

. 2023 Heard Ms. D. Borpujari, learned counsel for the petitioner and Ms. SH Page No.# 2/3 Bora, learned Addl. Public Prosecutor for the State respondent No. 1 This is an application under Section 439 Cr.P.C., filed by the petitioner, namely Smti Kungri Taropi, seeking bail who was arrested on 10.07.2022 in connection with Dokmoka P.S. Case No. 14/2022 (Corresponding to POCSO Case No. 05/2023) under Section 370/ 34 IPC read with Section 6 of the POCSO Act, pending in the Court of the learned Sessions Judge/ Special Judge, Karbi Anglong, Diphu. . It is submitted by the learned counsel for the petitioner that earlier bail was granted to the petitioner by the Court below on 08.12.2022 but she failed to produce the baillor as a result of which she be remained in custody and subsequently after submission of charge sheet, charge has been framed under Section 366/370/ 34 IPC and the offence under the POCSO Act has been dropped. It is further submitted that the petitioner has been in custody since

10.07.2022. Under such backdrop, the petitioner may be enlarged on bail. On the other hand, the learned Addl. PP has made objection in granting bail to the petitioner till recording of statement of all the witnesses. I have considered the submissions of the learned counsel for the parties. It is seen that bail was earlier granted to the petitioner but due to failure of production of bailor, the petitioner had to remain in jail hajot. In view of the above, the petitioner be enlarged on bail. Accordingly, it is directed that the accused/ petitioner above named be released on bail in connection with Dokmoka P.S. Case No. 14/2022 (Corresponding to POCSO Case No. 05/2023) under Section 366/370/ 34 IPC on furnishing a bond of Rs. 25,000/- (Rupees twenty-five thousand) with 1 (one) suitable surety of like amount to the satisfaction of the learned Sessions Judge/ Page No.# 3/3 Special Judge, Karbi Anglong, Diphu. The direction for bail is further subject to the conditions that the accused-petitioner:

(a) shall not leave the territorial jurisdiction of the learned Sessions Judge/ Special Judge, Karbi Anglong, Diphu without prior written permission from him/ her;

(b) The learned Sessions Judge/ Special Judge may impose any other condition(s) which deems fit and proper at the time of releasing the petitioner on bail for procuring her attendance during trial. In terms of the above, this bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010202862023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3300/2023 KUNGRI TAROPI W/O SRI ASHOK BEY R/O VILL- KARKOK BEY GAON P.S. HOWRAGHAT DIST. KARBI ANGLONG, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:SRI MONIRAM RONGHANG S/O BARIM RONGHANG VILL- SAR EK TERON GAON P.S. DOKMOKA DIST. KARBI ANGLON Advocate for the Petitioner : MRS DIPANJALI BORPUJARI Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI