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Gauhati High Court

Devendra Singh vs The State Of Assam And Anr on 22 March, 2024

Author: Parthivjyoti Saikia

Bench: Parthivjyoti Saikia

                                                                          Page No.# 1/2

GAHC010052432024




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : Bail Appln./761/2024

            DEVENDRA SINGH
            S/O- MR. GILLO SINGH PERMANENT ADDRESS ATALBAND MANDIR,
            DHAU PAYASA, P.O BHARATPUR, DISTRICT BHARATPUR, RAJASTHAN,
            PIN-321001, P.S ATALBAND M.NO.7690873864. PRESENT ADDRES
            BAMUNIMOIDAM, RPSF NEW GUWAHATI, P.S. GEETANAGAR



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP, ASSAM

            2:MAHENDRA BASFOR
             S/O- LATE JUGESWAR BASFOR
            ADDRESS 2 NO HAFIZ NAGAR
             P.S CHANDMARI
             DISTRICT- KAMRUP(M)
            ASSAM
             GUWAHATI-78100

Advocate for the Petitioner   : MR P SONOWAL

Advocate for the Respondent : PP, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 22.03.2024 Heard Mr. A. Deka, learned counsel appearing for the Petitioner. Also heard Mr. Page No.# 2/2 R.J. Baruah, the learned Additional P.P. for the State of Assam.

This is an application under Section 439 of the C.r.P.C. in respect of All Women P.S. Case No. 05/2024 under Section 354 of the IPC read with Section 12 of the Pocso Act, 2012.

It is alleged in the FIR that the petitioner has tried to outrage the modesty of a minor girl aged about 16 years.

I have gone through the statement of the victim girl that was recorded under Section 164 Cr.P.C., as well as the case diary.

I have considered the submissions made by the learned counsel for both sides.

This Court is of the opinion that the petitioner no longer deserves to be detained in custody. Therefore, his bail application is allowed. Accordingly, it is hereby directed that the petitioner Devendra Singh shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup(Metro), Guwahati, Assam.

The bail application stands disposed off.

JUDGE Comparing Assistant