Sambhu Mallik v. The State of Assam and Anr

ORDER Date : 09-01-2024

¶1Heard Mr. K.K. Singh, learned counsel for the petitioner. Page No.# 2/2

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure with prayer for bail as he is behind bars since 05.10.2023 in connection with North Guwahati Police Station Case No. 115/2023 under Section 376AB of Indian Penal Code R/W Sec. 6 of the POCSO Act.

¶3Service report on respondent No. 2 is complete. The respondent No. 2 has received notice but he is not represented today.

¶4Heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the respondent No. 1 State of Assam.

¶5I have considered the submissions at the bar that the petitioner is behind bars for more than 90 (ninety) days. Case diary is not received. Charge sheet has not been submitted.

¶6Considering all aspects, petition is allowed.

¶7The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) to the satisfaction of the learned Special Judge, Amingaon under the conditions that:

(1) The petitioner shall refrain from such activities with which he is alleged;

(2) the petitioner shall not exercise threats to the witnesses;

(3) the petitioner shall cooperate with the investigation as well as with the trial.

¶8On breach of any of the bail conditions, bail order shall stand cancelled.

¶9Bail Application stands disposed of in the above terms. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010264842023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4365/2023 SAMBHU MALLIK S/O LATE ACHHE MALLIK C/O S.P. OFFICE CAMPUS, P.S. AMINGAON DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:SMTI. ANJU PATOWARY W/O SAMBHU MALLIK R/O VILL- BAMUNIGAON KAMRUP AMINGAON Advocate for the Petitioner : MR. K K SINGH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND