Itanagar: The Itanagar Permanent Bench of Gauhati High Court, has taken suo moto cognisance of alleged procedural lapses in granting interim bail to a senior police officer accused in a child prostitution and sexual assault case, directing issuance of notice for cancellation of bail and ordering enhanced victim protection.
Hearing criminal petition (suo moto) /1/2025, Justice Manash Ranjan Pathak on May 09 reviewed the records of POCSO Case No. 08/2024, arising from Itanagar Women Police Station, involving Bulang Marik, a 54-year-old Deputy superintendent of police of 1st AAPBn, Chimpu.
According to the case file, Marik was arrested by the Capital police on May 14, 2024, for alleged involvement in a prostitution racket busted at Chimpu where three minor girls aged 8, 10 and 16 were rescued. He was later charge-sheeted under Sections 376/376AB IPC, Section 6 of the POCSO Act, and provisions of the Immoral Traffic (Prevention) Act, 1956.
The court observed that despite rejection of his regular bail plea on July 18, 2024, interim bail was later granted on medical grounds without notifying or hearing the victims, their guardians or support persons, in violation of Supreme Court and Gauhati HC guidelines issued to ensure victim participation in POCSO cases.
The Special Judge (POCSO), Yupia had extended the interim bail multiple times between October 2024 (citing his son’s critical medical condition) and January 2025 based on medical affidavits filed by the accused’s wife but failed to issue notices to victims or ensure their presence through legal aid as mandated.
The court further noted serious inconsistencies in the dates and records of bail proceedings, and emphasized that from December 28, 2024, to January 4, 2025, there was no legal extension of bail.
Citing the apex court ruling in X vs State of Rajasthan, Justice Pathak highlighted that granting bail once victim testimony begins has a chilling effect on prosecution and is against judicial prudence unless there is undue delay in trial.
The High Court has further appointed Advocate Dicky Panging as Amicus Curiae (friend of the court in legal language) for the minor victims and directed the State to immediately implement the Witness Protection Scheme, 2018. The Arunachal Pradesh Director General of Police has on the other hand been instructed to ensure full security to the victims and their families.
The Registry has been asked to serve copies of the order to all concerned and list the matter again on May 19, 2025, along with a related writ petition filed by the accused.
Also read: All 26 accused out on bail as victims turn hostile in Itanagar Sex Racket trial
