Anowar Ali vs The State Of Assam
2024 Latest Caselaw 6383 Gua

Gauhati High Court

Anowar Ali vs The State Of Assam on 30 August, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010176652024




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

                               Case No. : Bail Appln./2581/2024

            ANOWAR ALI
            S/O LATE HANIF ALI
            RESIDENT OF PUB KALDOBA PART III, PS GOLOKGANJ, DIST
            KOKRAJHAR, ASSAM


            VERSUS

            THE STATE OF ASSAM
            REPRESENTED BY PP ASSAM

            2:SHAHIDUL SHEIKH
             S/O SHAHALAM SHEIKH

            RESIDENT OF VILLAGE JOYPUR NAMAPARA
            PS AND DIST KOKRAJHAR
            ASSA

Advocate for the Petitioner   : N. UDDIN, MS. P AHMED,MR. M I HUSSAIN

Advocate for the Respondent : PP, ASSAM,


                                  BEFORE
                     HONOURABLE MRS. JUSTICE MALASRI NANDI

                                           ORDER

Date : 30.08.2024

Heard Mr. MI Hussain, learned counsel for the petitioner as well as Mr. D.P.Goswami, learned Addl. P.P., Assam for the State respondent No.1.

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This application under section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 has been filed by the petitioner, namely Anowar Ali praying for bail in connection with Special Case No. 115/2024 ( Kokrajhar PS Case No. 374/2023) pending in the court of learned Special Judge, Kokrajhar under Section 363/368/376 (3) r/w Section 6 of the POCSO Act.

Issue notice to respondent No.2.

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.

Call for the scanned copy of case records of Special Case No. 115/2024 ( Kokrajhar PS Case No. 374/2023) pending in the court of learned Special Judge, Kokrajhar including the copy of order of framing of charge, evidence of witnesses if recorded.

Registry is directed to procure the above records.

List the matter after 03(three) weeks.

JUDGE Page No.# 3/3

Comparing Assistant