Point of Law: Kidnapped and Rape - Bail granted - Under Section 439(2) of the new Code, a High Court may commit a person released on bail under Chapter XXXIII by any Court including Court of Session to custody, if it thinks appropriate to do so. It must, however, be made clear that a Court of Session cannot cancel a bail which has already been granted by High Court unless new circumstances arise during progress of trial, after an accused person has been admitted to bail by High Court.

JUDGMENT :

This application under Section 439 (2) of the Cr.P.C. read with Section 482 of the Cr.P.C. and Article 227 of the Constitution of India, is preferred by the applicant, Shri Jumko Likam of Village Digalmukh, under Seijosa Police Station, District Pake-Kesang, Arunachal Pradesh, for setting aside and quashing the impugned bail order, dated 01.07.2021, passed by the learned District & Sessions Judge, Bomdila, in Bail Application No. 92/2021 (Shri Lukdam Bojir Vs. State of Arunachal Pradesh), in Seijosa P.S. Case No. 04/2021, under Sections 363/326/34 of the Indian Penal Code read with section 376 and section 6 of the POCSO Act, Section 75 of JJ Act.

2. It is to be mentioned here that vide impugned bail order, dated 01.07.2021, the learned Sessions Judge, Bomdila, has enlarged the accused, Shri Lukbi Bojir, S/o Marluk Bojir of Village Tirbin, under Police Station Tirbin, District Lepa-Rada, Arunachal Pradesh, on bail.

3. Heard Mr. L. Perme, learned counsel for the petitioner. Also heard Mr. O. Pada, learned Special Public Prosecutor, SIT, representing State respondent No. 1 and Mr. M. Pertin, learned Senior Counsel assisted by Mr. Mukbom Pertin, learned counsel for the private respondent Nos. 2 & 3.

4. The factual background leading to filing of this petition is briefly stated as under:

“In the year 2018, Shri Jumko Likam, of Village-Dighalmukh, P.S.-Seijosa, allowed his daughter-Ms. Tupi Likam (actual name withheld) (08 years), to stay with Lukbi Bojir, who was a teacher in Itanagar Govt. School, on the request and assurance of taking good care her and providing good education to her. Shri Lukbi Bojir also assured him that once in every year his daughter will visit her native place during school vacation. But, Lukbi Bojir failed to keep his promise. He never visited the house of Jumko Likam with his daughter and whenever inquired about her well-being over phone, he always informed that his daughter is fine and doing well in study. During the second wave of lockdown due to Covid-19 pandemic, Lukbi Bojir informed him through phone to hand over his daughter and directed him to visit Itanagar and when he visited Itanagar, then Lukbi Bojir asked him to come to Pangin Village, where he had been allegedly posted, and on 06.05.2021, when he went to Pangin Village, Lukbi Bojir asked him to come to Tuting Town and on his direction, he halted at Aalo for some days and on 24.05.2021, Lukbi Bojir asked him to come to Pasighat Town where he handed over his daughter at Bus Station and thereafter he fled away. Then the Jumko Likam noticed abnormality in her conduct due to pain and on reaching home, he shocked to found multiple fresh and old injuries all over her body and front upper teeth broken, injury marks over inner thighs, blunt mark over left leg, marks over backbone in lumber regions with line of black bruise mark alongside, swelling of right leg thigh including bruise mark over foot and toe, fresh wound over chest and stomach, swelling over face, chick and lips with fresh injuries, swelling and injuries over left hand wrist and when asked, his daughter reveals that she was brutally subjected to cruelty and physical assault everyday by Lukbi Bojir and his wife. Then, the applicant lodged one F.I.R. with the Officer-In-Charge, women Police Station Itanagar on 26.05.2021, and on receipt of the same, the Officer-In-Charge, Women Police Station, Itanagar, registered a zero numbered case under Sections 363/326/34 of the Indian Penal Code read with Section 75 of the JJ Act. Later on, it was registered as Seijosa P.S. Case No. 04/2021, and thereafter it was handed over to SIT on 05.07.21. The Investigating Officer(I.O.) then got the victim examined by Doctor and collected the report. Then seeing the report of Doctor, the I.O. has added section 376 Indian Penal Code read with section 6 of the POCSO Act, to its original sections.

Then, apprehending arrest, Shri Lukbi Bojir preferred one petition before the ld. Sessions Judge, Bomdila on 07.06