DINA NATH CHAUHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a successive pre-arrest bail application preferred by the petitioner, Dina Nath Chauhan in connection with Kheroni PS Case No. 12/2020 registered under Section 341/350-A of the IPC read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 subsequent to the earlier order of rejection dated 17.03.2020 in AB No. 593/2020.

(2.) Heard the submission of the learned counsel for the petitioner and also the learned Additional Public Prosecutor also perused the up-to-date case diary.

(3.) Learned Additional Public Prosecutor submits that in view of the testimony of the victim there is incriminating material against the accused person and the offences are non bailable. This Court is also of the view that successive bail application without new ground deserves no consideration. However, the learned counsel for the petitioner submitted that the accused is aged about 58 years and his arrest at this age during the prevailing Covid-19 will be vulnerable and in view of guideline given in the Arnesh Kumar Vs State of Bihar reported in (2014) 8 SCC 273 and the offence being punishable up to 5 years, in the present case his arrest should not be affected in terms of the direction issued (relevant paragraph 11 and 12 of the judgment).