Mohor Ali @ Mohor Ali Mollah vs The State Of Assam And Anr
2024 Latest Caselaw 5540 Gua

Gauhati High Court

Mohor Ali @ Mohor Ali Mollah vs The State Of Assam And Anr on 5 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010152192024




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

                              Case No. : AB/2009/2024

          MOHOR ALI @ MOHOR ALI MOLLAH
          S/O KHOIM UDDIN, VILLAGE- SHIBER ALGA, P.S- FAKIRGANJ, DISTRICT-
          DHUBRI, ASSAM

          VERSUS

          THE STATE OF ASSAM AND ANR
          REPRESENTED BY PP ASSAM.

          2:MAYAN ALI
           S/O SAHJAHAN ALI
          VILLAGE- CHIRAKHUWA
           P.S- FAKIRGANJ
           DISTRICT- DHUBRI(ASSAM

Advocate for the Petitioner : MR A ISLAM, MR. S K M ALOMGIR,MR F HAQUE
Advocate for the Respondent : PP, ASSAM,




                                BEFORE
                   HONOURABLE MRS. JUSTICE MALASRI NANDI

                                     ORDER

05.08.2024

Heard Mr. F. Hoque, learned counsel for the petitioner as well as Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State respondent No.1.

Page No.# 2/2

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 Fakirganj PS Case No. 82/2024 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 on 21.08.2024.

JUDGE

Comparing Assistant