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2025 Supreme(Gau) 1869
THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA, J.
Dr Sangeeta Dutta, W/o. Dr. Walliul Islam – Petitioner
Versus
The State Of Assam, Rep. By The Special PP, Assam And Anr. – Respondents
Bail Appln. No.2805 of 2025
Decided On : 18-11-2025
For the Petitioner: Mr W. R. Medhi, Mr. N. J. Dutta, S. Rahman, Mr. A. Basumatary, S. I. Ahmed, Mr P. Talukdar, Mr A. V. Singh.
For the Respondent: PP, Assam, Mr A.K. Hajong, Mr. S. K. Chakma, Ms. D. Ghosh, Mr P. Bhardwaj, Mr. D.J. Kapil.
Prolonged incarceration and procedural violations during arrest can constitute grounds for granting bail, emphasizing the protection of fundamental rights under Article 21.
Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 75 and 80; IPC - Sections 307/325/341/34, 366(A)/367/368/376; POCSO Act, 2012 - Section 6 - Bail application by accused charged with severe offenses against a minor; the fundamental right to life and personal liberty under Article 21 was emphasized—procedural violations during arrest concerning Sections 50, 50A, 41B(b)(i), and 46(4) Cr.PC acknowledged; Court recognized the prolonged pre-trial detention, constituting grounds for bail despite serious allegations—court's compliance failures were deemed significant in granting bail. (Paras 1-37)
(B) Prolonged incarceration, due to delay in trial, warrants consideration for bail applications, particularly when fundamental rights are at risk. (Paras 22, 24)
(C) Principle of parity; similar relief granted to co-accused rendered a further basis for bail. (Paras 5, 36)
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. N. J. Dutta, learned counsel for the accused applicant. Also heard Mr. P S Lahkar, learned Additional Public Prosecutor, Assam for the State as well as Mr. D J Kapil, learned counsel for the respondent No. 2. Also heard Mr. S K Chakma, learned counsel for the victim.
2. This is an application under Section 483 of the BNSS , 2023, praying for grant of regular bail to the accused applicant, namely, Dr. Sangeeta Dutta, in connection with Paltan Bazar Police Station Case No. 193/2023 dated 05.05.2023 registered under Sections 307 /325/341/34 IPC with added Sections 366(A)/367/368/376 of IPC read with Sections 75 /80 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short JJ Act, 2015) further read with Section 6 of the POCSO Act, 2012, currently pending trial before the learned Additional Sessions Judge cum Special Judge (POCSO), Kamrup (Metro), Guwahati being Sessions (Special) Case No. 112/2023.
3. The facts as can be seen from the instant application are summarized herein below –
(i) An FIR was lodged against the accused applicant and two other co-accused persons before the Paltan Bazar Police Station on 05.05.2023 by one Akash Mandal, alleging that a girl child aged about three years was badly tortured by her foster parents without mercy. It was alleged that the aforesaid foster parents used to tie her under the direct sunlight on the 5 floor of the th building (terrace) in summer days like an animal without water and food with the intension to kill her. It was alleged that the minor girl was left without any water and food for the whole day under the direct sunlight which could have caused heat-stroke at any point of time resulting in her death. It was further alleged that as per the information of the neighbors, the aforesaid torture on the minor girl was going on for the last fifteen days and she got grievously hurt from the knots of the rope around her hands.
(ii) On receipt of the FIR, police registered a case under Sections 307 /325/34/341 of IPC read with Section 75 of the J J Act, 2015.
(iii) Another FIR was lodged on 08.05.2023 against four persons including the accused applicant by the Investigating Officer which was registered and numbered as Paltan Bazar Police Station Case No. 201/2023 under Sections 307 /341/325/366A/361/368/341 IPC read with Sections 6 /17/21 of the POCSO Act further read with Sections 75 /80 of JJ Act, 2015.
(iv) After investigation, police submitted a Charge-Sheet on 03.07.2023 being Charge-Sheet No. 140/2023 in connection with Paltan Bazar Police Station Case No. 193/2023 against the accused applicant and four other persons under the various provisions of law.
(v) The accused applicant was charge-sheeted under Sections 307 /325/326/341/370(5)/506/465/466/468/471 IPC read with Sections 75 /80/81 of the JJ Act, 2015 read with Section 6 /17 of the POCSO Act, 2012, wherein she was arrayed as the accused No. 2.
(vi) After further investigation, the police filed another Charge-Sheet on 06.07.2023 being Charge-Sheet No. 151/2023 in connection with Paltan Bazar Police Station Case No. 201/2023 against the accused applicant and four other persons under Sections 307 /341/325/366(A)/361/367/368/341 IPC read with Sections 6 /17/21 of POCSO Act, 2012 read with Sections 75 /80 of the Juvenile Justice Act, 2015, wherein the accused applicant was arrayed as accused No. 1.
(vii) Thereafter, two Supplementary Charge-Sheets were filed by the police on 17.01.2024 and 22.04.2024, wherein Section 326(A) was added and six more witnesses were added to the 68 witnesses as shown in the earlier Charge-Sheet.
(viii) Both the aforesaid Charge-Sheets along with the Supplementary Charge-Sheets were clubbed together and at present, it is being conducted as one trial being Sessions (Special) Case No. 112/2023.
(ix) After filing of the Charge-Sheets, on 24.06.2024, formal charges were framed against the accused applicant under Sections 326(A)/466/471/370(5) of IPC read wit
