Gauhati High Court
Kushal Bania vs The State Of Assam And 2 Ors on 17 October, 2023
Page No.# 1/3
GAHC010199692023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3184/2023
KUSHAL BANIA
S/O PURANHAR BANIA
R/O VILL- SONARI SAL, P.S. BAIHATA
P.O. BAIHATA CHARIALI, PIN-781381
DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 2 ORS.
TO BE REP. BY THE PP, ASSAM
2:DR DINESH DAS
SUPERINTENDENT OF TRB KAMRUP CIVIL HOSPITAL
AMINGAO
GHY-31
3:XXX
D/O KARUNA KALITA
R/O VILL AND P.O. BALIKUCHI
P.S. BAIHATA CHARIALI
PIN-781381
DIST. KAMRUP
ASSA
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : PP, ASSAM
Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND 17.10.2023
1. Heard Mr. S. Borthakur, learned counsel appearing for the petitioner as well as Mr. K.K. Das, learned Addl. P.P. for the State respondent.
2. This application under Section 439 Cr.P.C, is preferred by the petitioner, namely, Kushal Bania, who is in judicial custody since 10.06.2023 in connection with Baihata Chariali P.S. Case No. 164/2023, North Guwahati OP GDE No. 142, registered under Sections 376 of IPC R/W Section 6 of POCSO Act, 2012.
3. The learned Addl. P.P. has raised objections stating that the petitioner is booked under heinous offence.
4. I have considered the submissions at the Bar.
5. The FIR unfolds that while a minor was examined by the doctor, it was detected that the victim was pregnant, the police was then informed. Investigation commenced and the charge-sheet was laid against the petitioner under the aforementioned sections of law.
6. The learned counsel for the petitioner has submitted that the statement of the victim under Section 164 Cr.P.C. reveals that the victim was in a consensual Page No.# 3/3 relationship with the petitioner.
7. I have also considered the submissions at the Bar that the petitioner is a local resident. The petitioner has pledged to co-operate with the trial. It is submitted that the petitioner will never go near the victim or try to influence to the witnesses.
8. Considering all aspects, petition is allowed.
9. The petitioner is to be enlarged on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the trial Court, under the conditions that:-
(i) the petitioner will not go near the vicinity of the victim till the trial is over, failing which bail order of the petitioner will be cancelled.
Accordingly, bail application stands disposed of. Send back the case diary.
JUDGE Comparing Assistant