Iman Ali vs The State Of Assam And Anr
2024 Latest Caselaw 5547 Gua

Gauhati High Court

Iman Ali vs The State Of Assam And Anr on 5 August, 2024

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GAHC010140942024




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

                               Case No. : Bail Appln./2144/2024

            IMAN ALI
            S/O LT. OMAR ALI, R/O BERUBARI, P.S.-PALTANBAZAR, DIST- KAMRUP
            (M), ASSAM

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

            2:AYESHA KHATUN
            W/O ANOWAR HUSSAIN
            VILL- OUDUBI PT.I
             P.S.-JOGIGHOPA
             DIST- BONGAIGAON
            ASSAM
             PIN-78338

Advocate for the Petitioner   : MR K K MAHANTA (Sr. Advocate), MR. K H SAIKIA

Advocate for the Respondent : PP, ASSAM,


                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

05.08.2024

Heard Mr. K.K. Mahanta, learned Senior counsel assisted by Ms. M. Begum, learned counsel for the accused and also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

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This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is preferred by accused, namely, Iman Ali, who has been languishing in jail hazot since 03.01.2024, in connection with Jogighopa P.S. Case No.280/2023, under Section 363 IPC and added Section 344 IPC, read with Section 6 of the POCSO Act, for grant of bail.

Mr. Mahanta, learned Senior counsel for the accused submits that investigation of the case has already been completed and charge-sheet has been submitted before the learned Trial Court and the learned Trial Court has framed charge against the accused and issued summons to the witnesses on several occasions, but till date no one had turned up. Further, Mr. Mahanta submits that no purpose will be served by keeping the person in the custody and that he will appear before the Court below regularly and will face the trial and therefore, Mr. Mahanta contended to allow the petition.

On the other hand, Mr. P. Borthakur, learned Additional P.P. submits that this Court vide order dated 15.05.2024 was pleased to dismiss the earlier bail application after perusing the case diary and that in view of the judgment of a Division Bench of this Court in the case of Dipak Nayak v. State of Assam & ors. [Crl.A.(J) No.40/2022, dated 23.06.2023], notice has to be issued to the respondent.

Having heard the submission of learned Advocates of both the parties, it is provided that notice be issued to the respondent No.2 through the office of the Public Prosecutor, Gauhati High Court, within two working days from today.

Registry shall also call for the scanned copy of the record along with the up to date status report from the learned Trial Court, fixing the matter on 09.08.2024.

Sd/- Robin Phukan JUDGE

Comparing Assistant