Gauhati High Court
Mofidul Islam @ Mofidul Ali vs The State Of Assam on 25 July, 2024
Author: Malasri Nandi
Bench: Malasri Nandi
Page No.# 1/2
GAHC010147062024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2148/2024
MOFIDUL ISLAM @ MOFIDUL ALI
S/O- ABDUL MAZID @ MAZID ALI, PERMANENT RESIDENT OF VILLAGE
NO. 2 GARUGAON, P.O. GARUGAON, P.S. AND DIST. BONGAIGAON,
ASSAM, PIN- 783383.
VERSUS
THE STATE OF ASSAM
TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. J ABBAS
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
25.07.2024 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam.
This is an application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying for pre-arrest bail to the accused petitioner.
Call for case diary of Bongaigaon PS Case No. 210/2024 along with Page No.# 2/2 medical report and statement of the victim recorded under Section 164 Cr.P.C.
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. List the matter on 09.08.2024.
JUDGE Comparing Assistant