Rajib Debnath vs The State Of Assam And Anr
2024 Latest Caselaw 5683 Gua

Gauhati High Court

Rajib Debnath vs The State Of Assam And Anr on 8 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                       Page No.# 1/2

GAHC010157412024




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

                           Case No. : Bail Appln./2325/2024

           RAJIB DEBNATH
           S/O SRI KANU DEBNATH, R/O AMONI, ANANDA NURSERY, P.S.-
           SAMAGURI, DIST- NAGAON, ASSAM

           VERSUS

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

           2:BIPAM DEBNATH
            S/O LATE MUKUNDALAL DEBNATH
            R/O VILL- AMONI
            P.S.-SAMAGURI
            DIST-NAGAO

Advocate for the Petitioner : MR P KATAKI, MS. A LALA,MRS R BEGUM
Advocate for the Respondent : PP, ASSAM,


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

08.08.2024

Heard Mr. P. Kataki, learned counsel for the petitioners as well as Mr. D. P. Goswami, learned Addl. P.P., Assam.

This is an application under Section 439 Cr.P.C. read with Section 483 of the Page No.# 2/2

Bharatiya Nagarik Suraksha Sanhita, 2023 for releasing the petitioner on bail.

Call for the case diary of Samaguri PS Case No. 179/2024 along with 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 respondent Nos. 2 and 3 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 22.08.2024.

JUDGE

Comparing Assistant