The Gauhati High Court dismissed a bail application filed under Section 439 Cr.P.C. in a POCSO case by directing the petitioner to file a regular bail application before the Court of Session.
Directions to approach the Court below; regular bail application to be filed before the Court below.
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GAHC010004572018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 81/2018
1:GANESH SAIKIA
S/O LT. PHULESWAR SAIKIA R/O VILL- KAKOJAN, KAMARKHATAWAL GAON, P.S. TEOK, DIST. JORHAT, ASSAM
VERSUS
1:THE STATE OF ASSAM, GUWAHATI
Advocate for the Petitioner : MR. R CHETRI
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
Date : 13-02-2018
Heard Mr. R. Chetri, learned counsel for the accused petitioner and Mr.Goswami, learned Addl. P.P.Assam.
By filing this bail application under Section 439 Cr.P.C., the accused petitioner Sri Ganesh Saikia is praying for bail in connection with Teok P.S.Case No.535/2017 U/S 4 of the POCSO Act, 2012 (Special Case No.104/17).
It has been appraised by learned counsel for the petitioner that charge-sheet has been submitted in this Case. Accordingly this application is disposed of with a direction to the accused petitioners to approach the Court below by filing regular bail application and the learned Court below after considering the materials on record etc. will dispose of the
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same in accordance with law.
Till the interim order passed earlier to continue. A.B.stands disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the High Court should grant bail in a POCSO case where the charge-sheet has been filed.
2 provisions across 2 enactments
Ganesh Saikia
The State of Assam
Rumi Kumari Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
