Page No.# 1/5 GAHC010172892024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2552/2024 DEWAN ABU BAKKAR @ ABU BAKKAR S/O LT. DEWAN RUSTOM, R/O VILL- BAHUMARA, P.S.-BARPETA, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SADEK ALI S/O SAHEB ALI PERMANENT ADDRESS - VILL-KHADRA PATHAR P.S. AND DIST- BARPETA PRESENT ADDRESS - R/O SUNDARBON PATH HATIGAON P.S.-HATIGAON DIST- KAMRUP (M) (ASSAM) GUWAHATI-3 Advocate for the Petitioner : MR. A PARAMANIK, P. KALITA Advocate for the Respondent : PP, ASSAM, MR. S BISWAS (Amicus Curiae, R-2),MS. C KALITA (R-2) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 27.01.2025. Heard Mr. A. Paramanik, learned counsel for the accused and Mr. B. Page No.# 2/5 Sharma, learned Addl. P.P. for the State respondent and Mr. S. Biswas, learned Amicus Curie for the respondent No.2. 2. This application, under Section 483 of the Code of Criminal Procedure, is preferred by accused, namely, Dewan Abu Bakkar @ Abu Bakkar, who has been languishing in jail hazoot since 26.12.2023, in connection with Sessions Special Case No. 39/2021, arising out of Hatigaon P.S. Case No. 76/2021, registered under Sections 376(1) of IPC, read with Section 6 of the POCSO Act, for grant of bail. 3. It is worth noting here in this context that the above noted case has been registered on the basis of an FIR lodged by one Sadek Ali, on 25.01.2021. 4. The essence of allegations against the accused is that for last one year the minor daughter of the informant, Smti X (name withheld), aged 13 years, who used to work in his house and in absence of his wife, he subjected her to sexual harassment under threat. 5. Mr. Paramanik, the learned counsel for the accused submits that the accused was arrested on 26.12.2023, and since then he has been languishing in jail hazoot. Mr. Paramanik, further submits that the accused was earlier granted bail, but he later on defaulted, for which P & A was issued against him and on the basis of warrant of arrest issued against him he was subsequently arrested and is behind the bar for last one year, one month and one day. Further submission of Mr. Paramanik is that in the meantime the learned trial court has examined as many as 3 witness, out of 11 witnesses cited in the charge sheet and he assured that the accused will appear before the learned court below on each and every date and he will abide by any condition imposed by this court. Therefore, it is contended to allow the Page No.# 3/5 petition. 6. On the other hand, Mr. B. Sharma, the learned Addl. Public Prosecutor, Assam, submits that the conduct of the accused is not at all satisfactory and he absconded earlier and he was arrested on the strength of warrant of arrest. Mr. Sharma also submits that trial is going on and if he is enlarged on bail at this stage, he may again abscond and in that event there will be further delay in disposal of the case. Therefore, it is contended to dismiss the petition. 7. On the other hand Mr. S. Biswas, learned Amicus Curie for the respondent No. 2 submits that on merit the accused has no case, as because the evidence of the victim appears to be clear and cogent to show his complicity with the offence charged. However, Mr. Biswas submits that there is no whisper in the FIR about the offence charged, though the FIR is not encyclopedia of the offence. Further submission of Mr. Biswas is that as the bail petition is filed in post charge stage the court has to consider Section 29 of the POCSO Act while dealing with the bail petition as held by Delhi High Court in the case of Amit Thapliyal vs. The State & Anr., reported in (2023) 0 Supreme (Del) 1201, wherein decision of Hon’ble Supreme Court in the case of State of Bihar vs. Rajballav Prasad, reported in (2017) 2 SCC 178 is relied on. Mr. Bisaws also referred to a decision of Hon’ble Supreme Court in Prahlad Singh Bhati vs. NCT. Delhi And Another reported in (2001) 4 SCC 280 to contend that jurisdiction to grant bail has to be exercised on the basis of well settled principle having regard to the circumstances of each case. Referring to another decision of Hon’ble Supreme Court in Ansar Ahmed vs. State of Uttar Pradesh and Another reported in 2023 SCC OnLine SC 947, submits that while granting bail to the Page No.# 4/5 accused the court has to wait for appropriate stage where such relief can be granted without any adverse impact upon the prosecution case. 8. Having heard the submissions of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record as well as scanned copy of the record of learned court below. Also I have gone through the decisions referred by Mr. Biswas, the learned Amicus Curie. 9. Here in this case, the record of the learned court below reveals that the victim girl and two other crucial witnesses have already been examined and it also appears that out of 11 witnesses 3 have been examined so far. Further it appears that the accused was earlier granted bail, but later on, he defaulted for which P & A was issued against him and on the basis of warrant of arrest he was subsequently arrested and he is behind the bar for last one year, one month and one day. The learned counsel for accused also assured that the accused will appear before the learned court below on each and every date and he will abide by any condition imposed by this court. 10. In view of the above, specially in view of examination of three crucial witnesses herein this case, including the victim, as well as the factum of grant of bail to him earlier and in view of assurance given by the learned counsel for the accused, as well as the submission of learned counsel for both the parties, this court is of the view that a case for granting bail to the accused is made out. 11. Accordingly, it is provided that on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand) only, with two sureties of like amount, to the satisfaction of the learned Additional Sessions Judge -cum- Special Judge, (POCSO) Kamrup (M), Guwahati accused Dewan Abu Bakkar @ Abu Bakkar, who has been languishing in jail hazoot since 26.12.2023, Page No.# 5/5 in connection with Sessions Special Case No. 39/2021, arising out of Hatigaon P.S. Case No. 76/2021, registered under Sections 376(1) of IPC, read with Section 6 of the POCSO Act, shall be enlarged on bail. 12. It is being clarified that the observations, made herein above, is only for the purpose of disposing of this bail application not on the merit of the case. 13. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant