Gauhati High Court grants anticipatory bail to Padma Shri awardee in POCSO case

The Gauhati High Court recently granted anticipatory bail to inventor and Padma Shri awardee Uddhab Kumar Bharali, who was accused of an offence under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act [Uddhab Kumar Bharali v. The State of Assam]..Justice Arun Dev Choudhury opined that interim bail would be in the interest of justice, considering the antecedents of the petitioner and his allegation that the case was meant to humiliate him, amongst other reasons.“...considering the antecedents of the petitioner, his allegation that the instant FIR has been lodged to humiliate and malign his reputation, the counter prosecution lodged by the petitioner against the Chairman & Member of CWC and also taking note of the fact that the FIR annexed in the present petition donot disclose any specific statement of the victims, this court is of the opinion that interest of justice would be made including that of the victim and the informant if the following order is passed as an interim measure,” read the order..The facts of the case are that the office of the Child Welfare Committee (CWC), Lakhimpur requested Bharali to provide a foster home to two girls. After he agreed to do so, the children were placed under the care of his wife and himself.Shortly after a dispute arose between the Chairman of the CWC and Bharali, the former asked for the two girls to produced before the CWC. After they were produced, the girls were taken in the CWC’s custody and subsequently, Bharali was asked to return the foster care agreement.The CWC claimed that the children were not willing to be placed in the custody of Bharali and his wife again..Bharali contended that the deed was only cancelled due to the dispute between the Chairman and himself. It was reasoned that nowhere in the grounds for cancellation of the deed was sexual abuse reflected.In fact, the FIR also did not contain any specific statement by the victims except that the petitioner used to hold her hand to bad activities.For these reasons, Bharali sought interim protection..On the other hand, the Additional Public Prosecutor opposed the application strongly, arguing that social status was not a consideration when there were such serious allegations surrounding sexual abuse of minor victims placed under the care and custody of the petitioner..While acknowledging the seriousness of the charges, the Court found in favour of granting anticipatory bail to Bharali.“Accordingly, interim pre-arrest bail to the petitioner namely, Uddhab Kumar Bharali is granted to the effect that in the event of arrest of the petitioner above named, in connection with the case aforementioned, he shall be released on bail on furnishing bail bond of Rs.25,000/- with a suitable surety of the like amount, to the satisfaction of arresting authority.”.Senior Advocate AM Bora assisted by Advocate DK Baidya appeared for Bharali. Advocate S Zahan appeared for the State..[Read Order]