Gauhati High Court
Edul Ali @ Md. Idul Ali vs The State Of Assam on 30 July, 2021
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/2
GAHC010098462021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1415/2021
EDUL ALI @ MD. IDUL ALI
S/O MD. ABDUL KAYUM, R/O ISLAM NAGAR, P.S. DERGAON, DIST.
GOLAGHAT, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY PP, ASSAM.
Advocate for the Petitioner : MR. M BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE HON'BLE MR. JUSTICE HITESH KUMAR SARMA 30-07-2021 The Court proceedings have been conducted through Video- Conference due to COVID-19 pandemic.
This is an application made under Section 439 Cr.P.C., seeking bail by the accused-petitioner, namely, Edul Ali @ Md. Idul Ali, in connection with Dergaon P.S. Case No.211/2021, registered under Sections Page No.# 2/2 376(2)(i)/417 of the Indian Penal Code, read with Section 6 of the Protection of Children from Sexual Offences Act, 2021.
Heard Mr. M. Biswas, learned counsel for the petitioner. Also heard Mr. D.P.Goswami, learned Additional Public Prosecutor, Assam for the Respondent State.
Mr. Goswami, learned Additional Public Prosecutor has submitted that charge-sheet, vide C.S. No. 150 of 2021 dated 30.06.2021, has already been laid in this case by the investigating police officer.
That being so, the petitioner, if so advised, may approach the learned Court below for bail, which the learned Court below shall consider on its own merit.
Mr. Biswas, learned counsel for the petitioner has submitted that the victim is married to the petitioner and has been staying as wife with the petitioner in his house and, therefore, he has sought for bail. However, since charge-sheet has been laid, the learned Court below will consider the bail application taking into account also the submission made by the learned counsel for the petitioner.
The bail application stands disposed of accordingly.
JUDGE Comparing Assistant