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2020 DIGILAW 421 (GAU)

Utpal Kr. Bora v. State Of Assam

2020-03-23

AJIT BORTHAKUR

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JUDGMENT 1. Heard Mr. S. Borthakur, learned counsel for the accused/petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor, Assam appearing for the State/respondent No. 1 as well as Mr. A. Sharma, learned counsel for the respondent No. 2/informant. 2. This petition under Section 439 Cr.P.C., is filed for granting bail to the accused/petitioner, namely Utpal Kr. Bora, who was arrested on 01.01.2020 in connection with Raha P.S. Case No. 02/2020 u/s 376(3) of the IPC read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. 3. Mr. S. Borthakur, learned counsel for the accused/petitioner, submits that he would not like to emphasize today on the merit of the case, but considering the length of detention since 01.01.2020, the prayer for bail may be considered favourably. 4. Mr. B. Sarma, learned Addl. Public Prosecutor, submits that as the accused/petitioner is nearing his statutory period of detention in connection with the case and in the meantime the investigation might have also substantially progressed, the prayer for bail may be considered from that perspective only, subject, of course, to stringent conditions. 5. Mr. A. Sharma, learned counsel for the respondent No. 2/informant, submits that the victim recently gave birth to a baby and her statement has been recorded under Section 164 Cr.P.C. He further submits that as the accused/petitioner is nearing completion of the statutory period of detention, he has no objection against grant of bail with suitable conditions. 6. The FIR, dated 01.01.2020 reveals the allegation that the accused/petitioner committed aggravated sexual assault on the informants minor daughter, aged about 14 years. 7. Upon hearing the learned counsel for both the sides, as stated above, and considering the averments made in the petition along with the allegations made in the FIR and the Accused Forwarding Report, it prima facie transpires that there is abundance of incriminating material against the accused/petitioner. However, considering the fact that the accused has been in jail custody since 02.01.2020, this Court is of the considered opinion that further detention of the accused/petitioner may not be necessary in the interest of the ongoing investigation into the case. 8. Accordingly, it is provided that the accused/petitioner, namely Utpal Kr. Bora shall be released on bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, (POCSO Act), Nagaon. 8. Accordingly, it is provided that the accused/petitioner, namely Utpal Kr. Bora shall be released on bail bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety of like amount to the satisfaction of the learned Special Judge, (POCSO Act), Nagaon. The above bail order shall, however, be subject to the following conditions- (i) That the accused/petitioner shall cooperate with the Investigating Officer as and when required; (ii) That the accused/petitioner shall not hamper or tamper with the investigation in any manner; and (iii) That the accused/petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. 9. With the above directions, the petition stands disposed off. 10. Let a copy of this order be issued under signatures of the Court Master.