Gauhati High Court Grants Bail to Dr. Sangeeta Dutta After Prolonged Incarceration and Procedural Violations

Bail granted due to prolonged custody of over 2½ years and non-compliance with procedural safeguards under CrPC, along with violations of fundamental rights.

In a significant ruling, the Gauhati High Court has granted bail to Dr. Sangeeta Dutta, who has been in custody for over two and a half years, citing prolonged incarceration and multiple procedural violations during her arrest. The court found non-compliance with several safeguards under the Criminal Procedure Code (CrPC) and violations of fundamental rights enshrined in Articles 21 and 22 of the Constitution of India.

Dr. Sangeeta Dutta, the accused applicant, was arrested in connection with the Paltan Bazar Police Station Case No. 193/2023, involving severe charges including Sections 307, 325, and 376 of the IPC, along with provisions of the POCSO Act and the Juvenile Justice Act. Despite the gravity of these charges, the court recognized significant procedural lapses in her arrest.

Justice Anjan Moni Kalita noted that the arresting authorities failed to comply with critical provisions of the CrPC, namely Sections 50, 50A, 41B(b)(i), 46(4), and 60A. The judgment highlighted that Dr. Dutta was not informed of the grounds for her arrest, nor was a notice issued to her relatives as mandated. Additionally, her arrest memo lacked attestation from a family member or a respectable person from the locality. These lapses were deemed to violate her constitutional rights under Articles 21 and 22, thereby rendering the arrest illegal.

The court also emphasized the principle of parity, considering that Dr. Dutta's co-accused, including her husband, Dr. Walliul Islam, had already been granted bail. Justice Kalita underscored the prolonged delay in trial proceedings, with only 15 out of 74 witnesses examined to date, as a factor contributing to the decision to grant bail. The judgment referenced various Supreme Court rulings that discourage long incarceration without speedy trial, which militates against the fundamental right to life and liberty.

While granting bail, the court imposed stringent conditions on Dr. Dutta, requiring her to furnish a bail bond and surrender identification documents. She is prohibited from contacting the victim or informant and must appear before the trial court as required. The court also restricted her from leaving the jurisdiction without prior intimation.

This ruling serves as a reminder of the judiciary's role in upholding procedural integrity and protecting constitutional rights, even in cases involving serious charges. The decision underscores the importance of adherence to statutory provisions during arrests and the need for a timely trial process.

Bottom Line:

Bail granted to the accused applicant due to prolonged incarceration of over 2½ years, non-compliance with several procedural safeguards under CrPC such as Sections 50, 50A, 41B(b)(i), 46(4), and 60A, and violation of fundamental rights under Articles 21 and 22 of the Constitution of India.

Statutory provision(s): Sections 50, 50A, 41B(b)(i), 46(4), 60A of CrPC; Articles 21, 22 of the Constitution of India; Section 6 of POCSO Act, 2012; Sections 75, 80 of Juvenile Justice Act, 2015

Dr Sangeeta Dutta v. State of Assam, (Gauhati) : Law Finder Doc Id # 2810340