Bellal Hussain @ Bellal Ali vs The State Of Assam And Anr
2024 Latest Caselaw 5534 Gua

Gauhati High Court

Bellal Hussain @ Bellal Ali vs The State Of Assam And Anr on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                    Page No.# 1/2

GAHC010151102024




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

                              Case No. : AB/2006/2024

          BELLAL HUSSAIN @ BELLAL ALI
          S/O JOYNAL ABEDIN @ JONAB ALI
          R/O VILL- UTTAR MORAGADADHAR, P.S. AGOMONI
          DIST. DHUBRI, ASSAM

          VERSUS

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

          2:SILIMA KHATUN
           D/O SHER ALI
          R/O VILL- TARANGAPUR (NOW BHAISA KHARUVAZ
           P.S. LAKHIPUR
          DIST. GOALPARA
          ASSAM
           PIN-78313

Advocate for the Petitioner : MR. L R MAZUMDER, MR. A ISLAM
Advocate for the Respondent : PP, ASSAM,


                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

05.08.2024

Heard Mr. L. R. Mazumder, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State Page No.# 2/2

respondent No.1.

This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for granting pre-arrest bail to the petitioner.

Call for case diary of Agomani PS Case No. 163/2020 corresponding G.R. Case No. 2484/2020 along with medical report and statement of the victim recorded under Section 164 Cr.P.C.

Registry is directed to procure the same.

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 after 3(three) weeks.

JUDGE

Comparing Assistant