DEBANANDA CHANGMAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr G Alam, learned counsel appearing for the petitioner. Also heard Mr B Sharma, learned Additional Public Prosecutor for the State of Assam. Mr N Mahajan, learned Amicus Curiae appears on behalf of the respondent No. 2.

(2.) This is an application filed under Sec. 483 of the of the BNSS, 2023, praying for grant of bail to the petitioner, namely, Shri Debandra Changmai @ Debu, who has been arrested on 18/8/2024, in connection with Special (POCSO) Case No. 30/2024, corresponding to Sivasagar PS Case No. 107 of 2024, under Sec. 6 of the POCSO Act, 2012.

(3.) The learned counsel for the petitioner has submitted that although notices under Ss. 47 and 48 were served upon the petitioner informing his arrest in connection with the said case, but the grounds of arrest or basic facts were not intimated to the applicant or his family members at the time of his arrest on 18/8/2024. The petitioner was forwarded to the Court of the learned Chief Judicial Magistrate, Sivasagar, on 18/8/2024. The case record of the said Sivasagar PS Case No. 107/2024 was, thereafter transmitted to and received by the learned Special Judge, POCSO, Sivasagar, on 21/8/2024. After completion of the investigation, the Investigating Officer had submitted a charge sheet vide CS No. 103/2024, dt. 31/8/2024, stating inter alia, that the offence under Sec. 6 of the POCSO Act, 2013, was proved to have been committed by the petitioner. The learned Special Judge (POCSO), Sivasagar was pleased to take cognizance of offence under Sec. 6 of the POCSO Act, 2012, against the petitioner vide an order dt. 13/9/2024 and accordingly, a Special (POCSO) Case No. 30/2024 was registered. The learned Special Judge (POCSO) framed charge under Sec. 6 of the POCSO Act, 2012, against the petitioner on 7/10/2024, and directed to issue summons to the informant and the alleged victim. Thereafter, a bail petition being Petition No. 268 of 2024, was filed by the petitioner in connection with the aforesaid case before the Court of learned Special Judge (POCSO), Siva-sagar, which was rejected vide an order dtd. 21/10/2024.