Gauhati High Court
Sahadat Ali vs The State Of Assam on 12 August, 2021
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010118702021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1884/2021
SAHADAT ALI
S/O SAMSUL HOQUE
VILL- BANBAHAR
P.O. KAYAKUCHI
P.S. BARPETA
DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM
REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. R ALI
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 12.08.2021 The Court proceedings have been conducted through online court proceeding services.
Heard Mr. H.A. Ahmed, learned counsel for the accused-petitioner and Mr. Page No.# 2/3 B. Sharma, learned Additional Public Prosecutor for the respondent State of Assam.
By this application under Section 439, Code of Criminal Procedure, 1973 (CrPC), the accused-petitioner viz. Sahadat Ali has sought for his release on bail as he is in custody in connection with Special POCSO Case No. 60/2020, registered under Section 376, Indian Penal Code (IPC) read with Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 arising out of Barpeta Police Station Case no. 1275/2018.
The First Information Report was lodged on 13.06.2018 and after completion of investigation, the Investigating Officer of the case had submitted a charge sheet being Charge Sheet no. 113/2020 dated 19.02.2020. The charge sheet has been submitted finding a prima facie case against the accused- petitioner under Section 376, IPC read with Section 4, POCSO Act. In the charge sheet, the accused-petitioner was shown as an absconder. The case has been registered as Special POCSO Case No. 60/2020. The accused-petitioner thereafter, had appeared before the learned Special Judge, Barpeta on 26.04.2021 and since then he is in custody. For consideration of the bail application of the accused petitioner, it will be necessary to peruse the case record of Special POCSO Case No. 60/2020 and the materials in the case diary.
Let the scanned copy of the case record of Special POCSO Case No. 60/2020 and the case diary be requisitioned from the Court of learned Special Judge, Barpeta.
A copy of this order be brought to the notice of the Registrar (Judicial) for doing the needful by his office.
List the case on 20.09.2021.
Page No.# 3/3 JUDGE Comparing Assistant