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.

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 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 /1