Ananta Narayan Borah v. The State of Assam and Anr

ORDER Date : 29-01-2024 Heard Mr. J.M. Gogoi, learned counsel for the petitioner Ananta Narayan Borah.

¶2The petitioner has filed this application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC for short) with prayer for bail as he is behind bars since 31.10.2023 in connection with Golaghat Police Station Case No. 259/2023 under Sections 354/376(3) of the Indian Penal Code, 1860 (IPC for short) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act for short).

¶3Hear Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent No. 1 State of Assam.

¶4Service report on respondent No. 2 is waited.

¶5I have considered the submissions at the bar with circumspection that the petitioner is behind bars for 90 (ninety) days. Case diary is received. The case diary reveals that charge sheet has not been submitted. The petitioner has prayed for default bail under Section 167(2) of the CrPC.

¶6Considering the length of detention, petition is allowed. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of learned Special Judge POCSO, Golaghat under the conditions that: i. The petitioner shall cooperate with the trial as well as with the remaining part of the investigation. Page No.# 3/3 ii. The petitioner shall not exercise threats to the witnesses and the victim. iii. The petitioner shall not go near the vicinity of the victim.

¶7On breach of any bail conditions, bail order shall stand cancelled.

Send back the case diary.

In the above terms, this Bail Application stands closed.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010282252023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4587/2023 ANANTA NARAYAN BORAH S/O LATE RUPADHAR BORAH R/O R.K. BORUAH ROAD, CHANDAN NAGAR, P.S. GOLAGHAT, DIST. GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. THROUGH ITS PP, ASSAM 2:PRARONA BORDOLOI D/O LATE INDU KALPA BORDOLOI R/O STATION ROAD GOLAGHAT WARD NO. 5 PIN-785621 DIST. GOLAGHAT ASSA Advocate for the Petitioner : MR. J M GOGOI Advocate for the Respondent : PP, ASSAM Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND