Dhula rape and murder case: Gauhati High Court approves bail petition of arrested doctors

STAFF REPORTER

GUWAHATI: The Gauhati High Court on Monday approved the bail application of Dr Ajanta Bordoloi, Dr Arun Deka and Dr Anupam Sarma - the three doctors arrested in the Dhula rape and murder case.

The court order stated, "It is provided that on furnishing a bond of Rs 1,00,000 with one surety of like amount, each, to the satisfaction of the learned Special Judge POCSO Court, Darrang at Mangaldoi, the accused persons be enlarged on bail." However, the privilege is subject to the following conditions – they will appear before the Investigating Officer as and when directed; they shall not leave the jurisdiction of the Special Judge, POCSO Court, Darrang, Mangaldoi, without prior permission; and they shall not indulge in hampering investigation or tampering the prosecution witnesses.

While hearing the bail petition, the court referred to the case of Prahlad Singh Bhati vs NCT, Delhi, reported in (2001) 4 SCC 280, where the Supreme Court had culled out the principles which the courts have to consider at the time of granting or refusing bail. The Gauhati High Court stated that keeping those principles in mind and also considering the facts and circumstances of the case, and further, "balancing the right to personal liberty of the accused with that of the societal interest, this court is of the view that further custodial detention of the accused are unwarranted here in this case".

During the hearing, the defense counsel told the court that the accused had been co-operating with the investigating agency and they have appeared before the Investigating Officer (IO) not less than seven times and they are on the verge of retirement. The defense counsel argued that the doctors were not experts in forensic medicine and as such there might be some commission or omission on their part. They had "roots in the society" and there was no scope of jumping bail.

On November 7, a team of the Criminal Investigation Department (CID) probing the sensational rape and murder of a minor domestic maid at Dhula in the Darrang district arrested the three doctors of Mangaldai Civil Hospital in connection with CID Police Station Case Number 20/2022 under section 120(B)/420/218 of Indian Penal Code read with section 7(b)/8(1) of the Prevention of Corruption Act, 1988.

A minor girl working as a domestic helper in the house of arrested SSB jawan Krishna Kamal Baruah, was found dead in his rented house at Dhula. However, the then Officer in-charge of Dhula Police Station, Sub Inspector Utpal Bora tried to term the murder as suicide and even took an amount of Rs 5 lakh for extending undue favour to Krishna Kamal Baruah. He was arrested.

Utpal Bora also allegedly managed the team of doctors formed comprising the three arrested doctors to report the death as suicide. However, during the post-mortem examination and DNA test performed by a high-level medical team of Gauhati Medical College and Hospital (GMCH), it was proved that the girl was raped and murdered.

Also Read:    Ex-SP accused in Dhula rape and murder case arrested by CID

Also watch: