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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ANJAN MONI KALITA
Sangeeta Dutta W/o Dr. Walliul Islam – Appellant
Versus
State Of Assam And Anr. Rep. By The Special PP, Assam – Respondent
JUDGMENT AND ORDER :
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 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
Violation of arrest procedures under the Criminal Procedure Code and prolonged pre-trial detention infringe on the fundamental rights of the accused, warranting the grant of bail.
Compliance with Section 50 of the Cr.P.C. and the seriousness of charges under the NDPS Act negate the automatic entitlement to bail, despite prolonged incarceration.
Failure to communicate arrest grounds does not automatically entitle a petitioner to bail involving serious narcotics charges under the NDPS Act.
The arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
Detention from the time of the raid constituted a violation of the Applicant's rights under Articles 21 and 22(2) of the Constitution, leading to the grant of bail with stringent conditions.
Prolonged custody without trial justifies bail under Article 21, emphasizing the necessity of timely prosecution to uphold fundamental rights.
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