Hiranya Saharia v. The State of Assam

ORDER

19.01.2023

Heard Mr. N.K. Kalita, 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, Shri Hiranya Saharia, who has been languishing in jail hazot since 18.12.2022, in connection with the Sipajhar P.S. Case No. 547/2022, under Page No.# 2/3 Sections 294[a]/354[A][I][i][ii]/506/34 of the IPC read with section 8 of the POCSO Act, for granting bail.

¶3The said case has been registered on the basis of one FIR lodged by one Shri Minakhi Talukdar and Shri Joshna Bania, on 17.12.2022. The allegation leveled against the accused in the FIR is that being a teacher he has molested two of his students at Sundubi, where the students were taken by the Teachers of Duni ME School for a picnic.

¶4Mr. Kalita, learned counsel for the accused submits that the accused was arrested on 18.12.2022, and since then he has been languishing in jail hazot for last 33 days and that he was assaulted by the public on the date of occurrence and that he is ready to cooperate with the investigating agency, and therefore, it is contended to allow the petition.

¶5On the other hand, Mr. Barua, learned Additional Public Prosecutor has produced the case diary before this Court and submits that investigation is almost completed. However, Mr. Barua submits that there is material against the accused in the case diary.

¶6Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the Case Diary with the assistance of Mr. Barua, learned Additional Public Prosecutor.

¶7It appears that the accused was arrested on 18.12.2022, and since then he has been languishing in jail hazot for last 33 days. Further, it appears from the case diary that the material part of investigation is almost over and further custodial detention of the accused in the interest of investigation seems to be unwarranted here in this case. And accordingly, it is provided that on furnishing a bond of Rs. 25,000/- (Rupees twenty five thousand) only, with one surety of like amount to the satisfaction Page No.# 3/3 of the learned Special Judge, POCSO Act, Darrang, Mangaldoi, the accused be enlarged on bail.

¶8The above privilege however to the following three conditions:- [i] he shall not leave the jurisdiction of learned Special Judge, POCSO, Darrang, Mangaldoi without prior permission; [ii] he shall appear before the IO as on when directed; and [iii] he shall not indulge in hampering the investigation or tempering the witnesses.

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

¶10The case diary be returned. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010269852022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3662/2022 HIRANYA SAHARIA S/O- LATE BRAJEN SAHARIA, PERMANENT RESIDENT OF VILL.- DUNI, P.S. SIPAJHAR, DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. N K KALITA Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN