Abdul Goni Sk v. The State of Assam and Anr

ORDER 06-01-2023 Heard Mr. M. Khan, learned counsel for the accused-petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State Respondent. Page No.# 2/3 This application under Section 439 of the Code of Criminal Procedure has been preferred by the accused-petitioner, namely, Abdul Goni Sk, who has been languishing in jail hajot in connection with Mankachar Police Station Case No.291/2022, under Sections 363/342/354(B) of the Indian Penal Code, 1860, read with Section 8 of the POCSO Act, for grant of bail. The said case has been registered on the basis of an FIR lodged by one Talukjan Bibi on 16-09-2022, to the effect that on 01-09-2022, at about 9.30 am, while her daughter Smti. X (name withheld), aged about 8 years, was proceeding to the Manullapara L.P. School, the accused seduce her and took her to his house, confined her in his room, and showed her porn video in his mobile and, thereafter, subjected her to sexual assault. The learned counsel for the accused-petitioner submits that the accused-petitioner is behind the bar for last 60 days and this case being registered under Section 8 of the POCSO Act, the accused is entitled to default bail and there is no ground for filing charge-sheet under Section 6(1) of the POCSO Act. On the other hand, Mr. Baruah, learned Additional Public Prosecutor, referring to the materials available on record of the learned Court below, which was called for by this Court, and specially referring to the statements of the victim, recorded under Section 161 as well as Section 164 of the Cr.P.C., submits that this is a clear case under Section 6(1) of the POCSO Act and, therefore, it is contended to dismiss the petition. Having heard the submissions of the learned counsel for the parties, Page No.# 3/3 I have carefully gone through the petition and also perused the scanned copy of the records received from the learned Court below. It appears that though the case has been registered under Section 363/342/354(B) of the Indian Penal Code, read with Section 8 of the POCSO Act, yet after investigation, the Investigating Police Officer laid charge-sheet against the accused under Section 6(1) of the POCSO Act. In view of the materials collected by the Investigating Police Officer, during investigation, especially after perusing the statement of the victim recorded under Section 161 as well as Section 164 of the Cr.P.C., this Court is of the view that no case for granting of bail is made out at this stage. Accordingly, the prayer for bail is rejected and the petition is dismissed. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010240102022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3222/2022 ABDUL GONI SK S/O SUKUR ALI R/O VILL- PECHARKANDI, P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:TALUKJAN BIBI W/O BULAL HUSSAIN VILL- PECHARKANDI P.O. MANULIAPARA P.S. MANKACHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78313 Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN