The Gauhati High Court has cancelled the interim anticipatory bail granted to renowned innovator and Padma Shri awardee Uddhab Kumar Bharali granted on December 28 last year by a vacation bench for alleged sexual abuse of a minor girl he was fostering, noting his custodial interrogation was “essential”. He said he will surrender before a local court in Lakhimpur district of on Friday.
Bharali, credited with nearly 150 innovations, in December 23 after an FIR was registered at North Lakhimpur police station under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
Victim was not produced before CWC: According to the FIR content reported in newspaper, the victim was given in the custody of the petitioner and his wife Iva Das Bharali under foster care for a period of one year from August 31, 2020 on the condition that on expiry of the said period, the foster care has to be renewed or the child was to be placed before the CWC. However, the petitioner neither renewed the foster care nor produced the girl before the CWC even after expiry of the foster period, due to which, CWC issued letter requesting him to produce the child.
Alleged issue of sexual assault: As per the newspaper reports: Ultimately, he petitioner had produced the victim and another girl before the CWC on October 28 last year, it added. “It has further been alleged in the FIR that apart from engaging the victim in some household works the petitioner had done some bad acts with her in spite of initial objection by her. She remained silent on the assurance of her foster father, i.e. The petitioner that nothing will happen to her. She was asked to remain silent by the foster father”, Justice Sarma wrote in his order.
Custodial interrogation seems essential: Justice Sarma noted that custodial interrogation of Bharali is “essential” for the purpose of investigation of the case in view of the allegations made in the FIR as well as the statements by the victim and witnesses. “This court would like to mention here that so far the statement of the victim and other witnesses are concerned, the statements recorded under Section 164 of the Code of Criminal Procedure weighed more in deciding this application, the same being recorded by a competent magistrate, on oath,” he added.
Chronological narration of events: Justice Sarma, while delivering the order, relied on the case diary and statements of the minor victim as well as two other minor witnesses, who “categorically stated that the petitioner had committed sexual intercourse not only with the victim girl but also with some others, who were also under foster care of the petitioner”. The high court said the victim has not only stated “commission of sexual intercourse” on her by Bharali, but also “very specifically and chronologically” narrated the sequence of events and the manner in which the offence was committed by the accused petitioner.
The high court order said, “Learned senior counsel for the petitioner has also referred to various achievements of the petitioner to suggest that a person of his standing and repute would not commit an offence as alleged in the instant case. “He has submitted that the petitioner is the recipient of ‘Padma Shri’ and also known for 142 inventions. The petitioner is a person with enviable fame across the globe for his inventions and innovations.”
The petitioner’s counsel also projected the “humanitarian approach” of Bharali and argued that he has been running a home for destitute women, ‘Seneh’, in Lakhimpur using his own personal resources in spite of not receiving any grant from the government.
Hon’ble Mr. Justice Hitesh Kumar Sarma
Judge, Gauhati High Court
