Fukan Ch Bormahela @ Phukan Ch Bormahelah v. The State of Assam and Anr

O R D E R

22.12.2023

¶1Heard Mr. B.K. Mahajan, learned counsel assisted by Mr. N. Mahajan, learned counsel appearing on behalf of the petitioner. Also heard Mr. K.M. Bora, learned counsel appearing for the respondent No. 2(informant) and Mr. R.J. Baruah, learned Addl. P.P. for the State respondent.

¶2This is an application filed under Section 439 Cr.P.C. praying for granting regular bail to the petitioner, Fukan Ch. Bormahela @ Phukan Ch. Bormahelah in connection with Laharighat P.S. Case No. 274/2023, registered under Sections 8 of the Protection of Children from Sexual Offences Act (POCSO) added Section 4/18 of the Protection of Children from Sexual Offences Act (POCSO), who was arrested on

27.10.2023.

¶3Vide order dated 23/11/2023 case diary was called. Accordingly, case diary is received.

¶4The case of the prosecution is that respondent no. 2 (mother of the victim) has filed an ejahar before the Officer-in-Charge, Laharighat Police Station alleging inter-alia that on 27.10.2023 at around 9.00 A.M. in the morning, while her son was going to Bobori Chariali Market, the accused person called her son in front of the shop of Abdul Motleb and talked with him by making him sit on a bench and showing greed of money, forcefully took him to the jungle near the Page No.# 3/5 market and in the jungle, firstly, the accused put down his pant and later put down the half pant of her son and made him stand and tried to rape her son by forcefully making his penis touch the back side of the private part of her son. Accordingly, a case has been registered.

¶5Mr. M. Mahajan, learned counsel for the petitioner submits that he is an innocent person and not committed any such offence as alleged and that the allegations leveled against him are totally false and fabricated. He further submits that the petitioner is a retired headmaster of Jalakiabari M.E. School, Morigaon and that on the day of the alleged incident, the petitioner went for open defecation in the nearby jungle and the son of the informant/respondent no. 2 was pelting stone on him and later the petitioner caught hold of him in the market and rebut him and told him not do such act in future and only being aggrieved by that, the instant false FIR has been lodged against the petitioner.

¶6Mr. K. M. Bora, learned counsel appearing for the respondent no. 2 has filed an affidavit opposing the prayer of the bail of the petitioner. Mr. R.J. Baruah, learned Addl. P.P. opposes the prayer of the bail and submits that there are materials available on the record and the charge is yet to be framed.

¶7I have considered the submissions made at the Bar and perused the case records produced from the Court of Additional Sessions Judge-cum-Special Judge, POCSO, Morigaon and also the affidavit filed by the respondent No.2.

¶8I have perused the statement of the victim under Section 164 Cr.P.C. It appears from the said statement that the victim boy, who is 15 years of age has not supported the allegations leveled by his mother in the FIR. It further appears that after completion of investigation, the I.O. has submitted charge-sheet vide a Charg-sheet No.239/2023 dated 26.11.2023 against the present Page No.# 4/5 accused under Sections 4/18 of the POCSO Act.

¶9Considering all aspects of the matter, the petitioner namely Fukan Ch. Bormahela @ Phukan Ch. Bormahelah is allowed to go on bail in connection with the above noted case on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) only with one surety of like amount to the satisfaction of the learned Special Judge (POCSO), Morigaon.

¶10The bail granted to the petitioner shall be subject to the following conditions-

i) The petitioner shall regularly appear before the learned trial Court on all dates to be fixed from time to time till the case is disposed off;

ii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case so as to dissuade such person from disclosing such facts to the Court or to any Police Officer;

iii) The petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till completion of the trial; and

iv) The petitioner shall refrain from such activities with which he is alleged, failing which, his bail order shall stand cancelled.

¶11With the above observation, this bail application stands allowed.

¶12This disposes of the bail application.

JUDGE Page No.# 5/5 Comparing Assistant

PageoNo.#o1/5 GAHC010261612023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./4260/2023o FUKANoCHoBORMAHELAo@oPHUKANoCHoBORMAHELAHo S/OoLATEoUMAoKANTAoBORMAHELAo R/OoVILL-oJALAKIABORIo WARDoNO.o3,o P.S.oLAHARIGHATo DIST.oMORIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:NAJIMAoBEGUM oW/OoABDULoRAHIMo R/OoVILL-oHALADHIBORIo WARDoNO.o8 o P.S.oLAHARIGHATo DIST.oMORIGAON oASSAM o PIN-78212o AdvocateoforotheoPetitionerooooo:oMR.oUoKoBARMANo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI