Gauhati High Court
Samiran Mondal vs The State Of Assam And Anr on 20 September, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/3
GAHC010192022024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2846/2024
SAMIRAN MONDAL
S/O-KHAGEN MONDAL , R/O-TAKAPURA , P.S.- NANDIGRAM , DIST-EAST
MEDINIPUR , WEST BENGAL , PIN-721432
VERSUS
THE STATE OF ASSAM AND ANR
REP BY THE PP ASSAM
2:SANTU BAIDYA
S/O-LT SUSIL BAIDYA
R/O- AMERICAN COLONY
PANDU
GUWAHATI WEST
PS-JALUKBARI
DIST-KAMRUP
PIN- 78101
Advocate for the Petitioner : MR. L GOGOI,
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 20.09.2024 Heard Mr. L. Gogoi, learned counsel for the petitioner as well as Mr. P. Borthakur, learned Addl. P.P., Assam for the State respondent No.1.
This application under section 483 of BNSS, 2023 has been filed by the petitioner, namely Sri Samiran Mondal, praying for bail in connection with Jalukbari P.S. Case No. 240/2024 under Sections 363/ 366 IPC read with Section 6 of the POCSO Act, 2012.
Issue notice to respondent No.2.
The present application is arising out of the POCSO Act, accordingly, in view of the above facts and in terms of the judgment of this Court passed in Dipak Nayak vs. State of Assam [Criminal Appeal(J) 40/2022], notice be issued to the victim/guardian of the victim/informant through the O.C., of concerned Police Station.
The petitioner shall submit a copy of the petition to the Registry of this Court, who shall furnish the same to the learned Additional Public Prosecutor. The learned Additional Public Prosecutor shall thereafter forward the same to the O.C. of concerned P.S., who shall serve the same to the victim/guardian of the victim/informant. The O.C. of concerned P.S. shall thereafter give a report of service of the petition/notice to this Court. No formal notice be served upon the respondent No. 1 as Mr. Borthakur has entered appearance and accepted notice on behalf of the said respondent. However, extra copy of the petition be furnished to him, during the course of the day.
Call for case diary, medical report, if any, and 164 CrPC statement of the Page No.# 3/3 victim.
List the matter on 22.10.2024.
JUDGE Comparing Assistant