Akram Ali vs State Of Assam And Anr

The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Akram Ali, in connection with Special (P) Case

No.67/2019, registered under Sections 366/376 of the Indian Penal Code, read with Section 6 of the Protection of Child from Sexual Offences Act,

2012, pending in the Court of Special Judge, Sivasagar, arising out of Sivasagar P.S. Case No.741/2019.

Heard Mr. B. Chakraborty, learned counsel for the petitioner. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam for the

Respondent State.

Perused the petition and the annexures furnished therein.

It has been submitted by learned counsel for the petitioner that the accused petitioner was arrested on 23.08.2019 and since then he has been in

judicial custody and not even a single witness has been examined till date, although charge was considered and framed in this case on 7.11.2019.

On perusal of the status report furnished by the learned Special Judge, Sivasagar, it appears that charge was framed under Section 366/376(c) of the

Indian Penal Code, read with Section 6 of the POCSO Act and since thereafter, the case has been posted for examination of prosecution witnesses.

Summons issued to the informant and the victim have returned unserved with a report that they have left the rented house. Now, the learned

Additional Public Prosecutor has taken steps for issuing summons in their permanent address. The next date was fixed for evidence on 19.04.2021.

The status of 19.04.2021 and thereafter is not available before this Court.

Whatever it may be, it appears from the entire materials placed before this Court that the accused petitioner has been in custody for about two months

less than two years pending trial. Witnesses are not immediately available.

Therefore, considering the period of detention and also the chance of commencing examination of the witnesses of the prosecution, the Trial Court

may consider the prayer for bail of the petitioner, on merit, if the petitioner renews his prayer for bail before it.

With the above observation and direction, this petition stands disposed.