GUWAHATI, India, Aug. 22 -- Gauhati High Court issued the following order on July 22:

1. Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. P. S. Lahkar, learned Additional Public Prosecutor for the State of Assam and Ms. P. Das, learned counsel for the respondent No. 2.

2. The present bail application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner, namely, Bikram Paul @ Biplob Paul who is in custody since 28.09.2023 in connection with Special Sessions (POCSO) Case No. 201/2023 arising out of Karimganj P.S. Case No. 694/2023 registered under Section 376(A) IPC read with Section 6 of POCSO Act which is pending in the court of learned Special Judge, Karimganj.

3. The brief facts of the present case is that the informant of the case, one Brajendra Das lodged an FIR dated 12.09.2023 before the O/C Karimganj Police Station inter alia alleging that on 09.09.2023 at about 06:00 AM, his minor daughter namely "XX" was found dead at his house. Thus, they suspected that some unknown persons committed rape on her and killed her. On receipt of the ejahar, a case was registered vide Karimganj PS Case No. 694/2023 dated 12.09.2023 under Section 376(A) IPC read with Section 6 of POCSO Act. On the basis of the said FIR, the petitioner was arrested on 28.09.2023 and was forwarded to the learned Court of Chief Judicial Magistrate, Karimganj. The petitioner is in custody since the date of his arrest.

4. After completion of the investigation, the investigating agency submitted the charge sheet being Charge Sheet No. 567/2023 dated 26.12.2023 along with the case diary against three accused persons including the petitioner and the case record was put up before the learned trial Court below.

5. Mr. A. Ahmed, learned counsel for the petitioner submits the following:

I. The petitioner is innocent and falsely implicated in the instant case. The actual fact of the case is that the petitioner is a friend of co-accused, one Rahul Das who was known to the victim. The aforesaid co-accused was having a friendly relationship with the victim due to which they occasionally communicated with each other over phone and the said aspect was known to the petitioner.

II. The prosecution side relied on circumstantial evidence to arrest the petitioner but the circumstances mentioned in the forwarding report nowhere raised any doubt regarding the involvement of the petitioner. Hence, the implication of the petitioner in the instant case is totally false, fabricated and having no basis and the petitioner became a victim of circumstances as stated above. In view of the facts and circumstances stated above, the ingredients of the alleged offences are not at all attracted against the petitioner. The petitioner has been languishing behind the bar since the date of his arrest.

III. The petitioner was arrested on 28.09.2023 along with 2 other accused i.e. Rahul Das and Subroto Malakar. The co-accused Rahul Das was granted default bail on 28.12.2023 by the learned trial Court as the investigating agency failed to submit charge sheet within statutory period. The co-accused Rahul Das filed one petition vide Petition No. 995/01 praying for default bail on 28.12.2023 and after perusal of the record, the learned trial Court, released the co-accused Rahul Das on default bail vide order dated 28.12.2023.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqHP2xfnblDvG2RHjaGMhXR64dqm1ngp511P94Ir%2FjDuA&caseno=Bail%20Appln./3882/2024&cCode=1&cino=GAHC010267242024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.