Bittu Deb v. The State of Assam

ORDER

09.01.2023

Heard Mr. S. Das, learned counsel for the accused and Mr. R.J. Barua, learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused, namely, Bittu Deb, who has been languishing in jail hazot in Page No.# 2/3 connection with the Special POCSO Case No. 62[H]/2022 arising out of Lumding PS Case No. 99/2022 under section 8/12 of the POCSO Act, for granting bail.

¶3The aforementioned case has been registered on the basis of one FIR lodged by the informant Smti X [name withheld] on 04.06.2022, to the effect that on 03.05.2022 at about 7 pm she was returning home and on the way she used to talk with Sourav Barman and then accused, Bittu Dev forcefully entered them into a room and took their photographs and video and started blackmailing them and touched her inappropriately and threatened them to make the video and photographs viral in the social media and he also attempted to commit rape upon her on 04.06.2022.

¶4Mr. Das, learned counsel for the accused submits that after completion of investigation and IO has laid charge sheet against the accused, being charge sheet NO. 61/2022 under sections 8/12 of the POCSO Act, along with one accused, Shuvam Das. Mr. Das further submits that the co-accused has not yet turned up and therefore, trial has not yet command and the accused has been languishing in jail hazoot for last 218 days, and therefore, it is contended to enlarge the present accused on bail.

¶5On the other hand, Mr. Barua, learned Additional Public Prosecutor, submits that on account of non appearance of the co-accused, trial has not yet began and the case has been fixed on 29.12.2022, for appearance for the co-accused by the learned court below.

¶6Having heard the submission of learned Advocates for both sides, I have carefully gone through the petition and the materials placed on record and also perused the scanned copy of the record received from the learned court below.

¶7It appears from the charge sheet that charge sheet has been laid against the accused, Bittu Dev and Shuvam Das to stand trial in the court under sections 8/12 of the POCSO Act. The case is pending at the stage of appearance, as the other co-accused is yet to turn up. The accused is behind the bar for last 218 days. Since the charge sheet has already been submitted, the question of hampering the investigation Page No.# 3/3 and tempering the witnesses does not arise.

¶8Having regard to above, and also having regard to the period of detention, this court is inclined to allow this petition. Accordingly, it is provided that on furnishing a bond of Rs. 25,000/- only, with one surety of like amount to the satisfaction of the learned Special Judge, POCSO Act, Hojai Sankardev Nagar, the accused be enlarged on bail.

¶9In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010244962022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3306/2022 BITTU DEB S/O LT. DIPAK DEB R/O VILL- ANANDA PALLY P.S. LUMDING, IN THE DISTRICT OF HOJAI, ASSAM VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN