AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. A.I. Uddin, learned counsel for the petitioner as well as Mr. M.P. Goswami, learned APP appearing for the State.
This is a 2nd bail application by the petitioner under section 439 Cr.P.C., who was arrested on 19.02.2020 in connection with Special (POCSO)
Case No.79(N)/2018 under section 342 IPC read with section 4 of the POCSO Act arising out Nagaon Sadar P.S. Case No.3074/2016 which is
pending before the Court of learned Additional Session Judge, Nagaon.
It is seen that the said bail application was rejected on the ground that the victim girl was not examined as witness and accordingly, taking note of
the Covid-19 pandemic this Court had directed the Additional Session Judge No.1, Nagaon to expedite the recording of evidence of the victim girl
after the protocol permits the Court to take up evidence.
The learned counsel for the petitioner submits that today is the date fixed before the learned trial Court but the evidence is not recorded.
Taking note of the fact that this Court while rejecting the prayer for bail by order dated 09.06.2020 in BA 857/2020 had issued the order with rider
that the Additional Session Judge No.1, Nagaon shall expedite the recording of evidence of the victim girl after protocol permit the Court to take up
evidence. Therefore, as on date the protocol still does not permit the taking up of evidence. Under such circumstances, where the order of the Court
has become impediment in the recording of the evidence of the victim girl, the Court is inclined to now issue a direction to the learned Additional
Session Judge No.1, Nagaon to expedite the recordings of the evidence of the victim girl positively within 15 days from the date of receipt of a
downloaded copy of this order by the learned counsel for the petitioner. The said learned Court may verify the correctness of the order from the
website of the Court.
In other words, the Bar of protocol in force for Covid-19 pandemic shall not be an impediment for the learned Additional Session Judge No.1,
Nagaon to record the statement of the evidence of the victim girl.
After recording of the evidence of the victim, the status of the said case shall be forwarded to the Registry of the Court so as to place the same in
connection with this present bail application.
List the matter on 13.07.2021.
The learned counsel for the petitioner shall also remain updated as to the status of the criminal proceeding of the Court below.