Ruhul Ali @ Roful Ali vs The State Of Assam And Anr
2024 Latest Caselaw 8014 Gua

Gauhati High Court

Ruhul Ali @ Roful Ali vs The State Of Assam And Anr on 4 November, 2024

Author: Malasri Nandi

Bench: Malasri Nandi

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GAHC010230342024




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

                               Case No. : Bail Appln./3349/2024

            RUHUL ALI @ ROFUL ALI
            S/O FAKAR UDDIN
            R/O ADHALABHETI, P.O. BHURAGAON, P.S. BHURAGAON
            DIST. MORIGAON, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP ASSAM

            2:IMAMUJ ZAMAN
             S/O HAFIZ UDDIN
            R/O ADHALABHETI
             P.O.BHURAGAON

            P.S. BHURAGAON

            DIST. MORIGAON
            ASSAM
            PIN-78212

Advocate for the Petitioner   : MD. S HUDA, MR. KHAIRUL ISLAM,MR. N HOQUE,MR. Md.
ARIF

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
                    HONOURABLE MRS. JUSTICE MALASRI NANDI

                                      ORDER

Date : 04.11.2024

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

This application under section 483 of the Bharatiya Nagarik Surakshya Sanhita, 2023 has been filed by the petitioner, namely Ruhul Ali @ Roful Ali praying for bail in connection with POCSO Case No. 65/2024 (Bhuragaon P.S. Case No. 20/ 2024) under Section 365/376 (3) IPC read with Section 4 of the POCSO Act.

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.

Issue notice to respondent No.2.

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 scanned copy of the trial court records.

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Registry is directed to procure the trial court records in connection with the aforesaid case along with order of framing charge and statement of the witnesses recorded if any.

List after two weeks.

JUDGE

Comparing Assistant