Priya Kr. Nath v. The State of Assam and Anr

ORDER Date : 10.09.2024 Heard Mr. N. Barman, learned counsel for the applicant. Also heard Mr. B. Sarma, learned Public Prosecutor for the State/respondent No.1 and Mr. U. Choudhury, learned Legal Aid counsel for the respondent No. 2.

¶2This is an application under Section 389(1) Cr.P.C. praying for granting bail by suspending sentence pending appeal to the applicant in connection with the judgment and order dated 24.08.2023 passed by the learned Special Judge (POCSO), Nalbari, Assam, in connection with Spl. Case No. 14/2022, whereby Page No.# 3/4 convicted the applicant to undergo simple imprisonment for six months for the offence under Section 448 of IPC and simple imprisonment for four years and to pay a fine of Rs.5,000/- for the offence under Section 8 of POCSO Act, in default of payment of fine to undergo simple imprisonment for six months.

¶3The learned counsel for the applicant submits that there are lots of contradictions in the statement of the victim while recording under Section 161 and 164 Cr.P.C. and subsequently, her evidence before the learned trial court. It also appears from the evidence of the informant who is the mother of the victim that there are discrepancies in the evidence of P.W.1 and P.W.2 and there is every possibility of acquittal of the applicant in the case. Considering these aspects, the applicant be released on bail during pendency of the appeal.

¶4On the other hand, Mr. Sarma, learned Additional Public prosecutor for the State and Mr. Choudhury, learned Legal Aid counsel for the respondent No. 2 have raised strong objection in regard to the prayer of the applicant.

¶5I have considered the submissions made by the learned counsel for the parties as well as perused the judgment of the learned trial court.

¶6Considering the sentence imposed by the learned trial court, without further going into the merit of the case, prayer of the applicant is allowed.

¶7Accordingly, the appellant-applicant, named above, shall be released on bail suspending the sentence during appeal in connection with Special Case No. 14/2022, under Section 448 IPC r/w Section 8 of POCSO Act, 2012, subject to the following conditions : Page No.# 4/4

(i) The applicant shall furnish a bail bond of Rs.50,000/- with two suitable sureties each of the like amount to the satisfaction of the learned Special Judge (POCSO), Nalbari, Assam.

(ii) The learned Special Judge (POCSO), Nalbari, Assam will be at liberty to impose any condition(s) while granting bail to the applicant.

¶8Nothing in this order shall be construed as an expression of opinion on the merits of the pending criminal appeal.

¶9In view of the above, interlocutory application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/4 GAHC010213652023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.A./353/2023 PRIYA KR. NATH S/O LATE BHABANI NATH, R/O NARIKALBASTI, BAMUNIMAISUM, P.S.- CHANDMARI, DIST.- KAMRUP (M), ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PUBLIC POSECUTOR. 2:HEMANTI DAS W/O SRI JOGEN DAS VILL.- BAUSIAPARA P.S.- BELSOR DIST.- NALBARI ASSAM PIN- 781304 Advocate for the Petitioner : MR. P J MEDHI, MR B DEORI,MS J BARMAN,MR N BARMAN,MR B SINHA,MS. D KAKATI Advocate for the Respondent : PP, ASSAM, MR. U CHOUDHURY(LEGAL AID COUNSEL FOR R-2) Linked Case : I.A.(Crl.)/892/2023 PRIYA KR. NATH Page No.# 2/4 S/O LATE BHABANI NATH R/O NARIKALBASTI BAMUNIMAISUM P.S.- CHANDMARI DIST.- KAMRUP (M) ASSAM. VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PUBLIC POSECUTOR. 2:HEMANTI DAS W/O SRI JOGEN DAS VILL.- BAUSIAPARA P.S.- BELSOR DIST.- NALBARI ASSAM PIN- 781304. ------------ Advocate for : MR. P J MEDHI Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI