Asrab Ali vs State Of Assam And 2 Ors
2024 Latest Caselaw 5690 Gua

Gauhati High Court

Asrab Ali vs State Of Assam And 2 Ors on 8 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

                                                                      Page No.# 1/2

GAHC010157332024




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

                            Case No. : Bail Appln./2319/2024

           ASRAB ALI
           S/O BANISH ALI, R/O VILL- KHARUPARA, P.O.-BHELLA, P.S.-BARPETA,
           DIST- BARPETA, ASSAM, PIN-781309

           VERSUS

           STATE OF ASSAM AND 2 ORS.
           REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

           2:KAMAL ALI SIKDAR (INFORMANT)
            S/O LT. JOINAL ALI SIKDAR
            R/O KHONGRA
            P.S.-TARABARI
            DIST-BARPETA
           ASSAM
            PIN-781305

           3:(VICTIM)
            D/O KAMAL ALI SIKDAR
            R/O KHONGRA
            P.S.-TARABARI
            DIST-BARPETA
           ASSAM
            PIN-78130

Advocate for the Petitioner : MR N ISLAM,
Advocate for the Respondent : PP, ASSAM,


                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                       ORDER

Page No.# 2/2

08.08.2024

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

This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting bail to the petitioner.

Call for the case diary along with medical report and statement of the victim recorded under Section 164 Cr.P.C. of Tarabari PS Case No. 39/2024.

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 29.08.2024.

JUDGE

Comparing Assistant