Staff Reporter
ITANAGAR, 18 Sep: The Gauhati High Court has on Friday, revoked the bail order granted earlier to alleged child abuse accused Lukbi Bojir by Sessions Judge, Bomdila (West Kameng) on 1 July 2021.
The ruling came after the family of the eight-year-old child, who was sexually assaulted, had filed a petition under section 439(2) CrPC in the high court against granting bail to the alleged accused.
Justice Robin Phukan, after hearing the submission of both parties in his order stated, “The order of the Sessions Judge, Bomdila (West Kameng) is perverse because of non-consideration of the following material facts and circumstances:-
(i) Non-consideration of the statement of the juvenile Mantu Praja, despite its observation in the order of anticipatory bail dated 14.06.2021 to that effect.
(ii) Non -consideration of statement of the victim girl under section 161 as well as under section 164 CrPC despite its observation to that effect in the order of anticipatory bail dated 14.06.2021.
(iii) Non-consideration of the fact that the accused has no clean antecedent, despite its observation in the order of anticipatory bail. It may be noted here that in some of the cases the accused was convicted.
(iv) Non-consideration of the MLC report of the victim which reveals that the victim was subjected to sexual assault and she also sustained grievous injury and as many as 13 other injuries on her person.
(v) The learned Sessions Judge has held that presumption under section 29 of the POCSO Act is not attracted against the accused despite availability of sufficient materials against the accused.
(vi) The learned Sessions Judge has failed to balance properly the right and personal liberty of the accused with that of societal interest.
(vii) The learned Sessions Judge has contradicted his own view taken in the anticipatory bail petition giving no proper justification.
“Thus, considered the submissions of the learned advocates of all the sides, and further considering the principles of law laid down in the cases discussed above, and also referred by the counsel of concerned parties, detailed discussion of which is avoided for the sake of brevity, and balancing the
valuable rights and personal liberty of the accused with that of the societal interest, this court is of the view that the privilege of bail granted to the accused, vide order dated by the learned Sessions Judge, Bomdila, required to be cancelled.”
“In the result, the petition under section 439(2) CrPC, stands allowed. Bail granted to the accused vide order dated 01.07.2021, by the learned Sessions Judge, Bomdila, stands cancelled on the twin grounds of perversity and also due to supervening circumstances discussed above. Accordingly, this Misc. Application under section 439(2) CrPC stands disposed of.”
Bojir had been arrested on 17 June and was remanded to judicial custody in Seppa (East Kameng). The court had earlier, on 14 June rejected his anticipatory bail plea. However, the district & sessions court in Bomdila (West Kameng) granted him bail on 1 July, 2021.
