The Gauhati High Court granted bail to the petitioner charged under POCSO and IPC sections, finding further custodial detention unnecessary after 62 days of custody following consideration of the case diary and investigation progress.
Petitioner enlarged on bail with a surety of Rs.25,000/-.
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GAHC010194362019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln. 2344/2019
1:ABUL KALAM AZAD
S/O KHASOR UDDIN, RO VILL-HOLDIBARI, P.S.-SAPATGRAM, DISTDHUBRI, ASSAM, PIN NO.
VERSUS
1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : DR. B N GOGOI
Advocate for the Respondent : PP, ASSAM
B E F O R E
HON’BLE MR. JUSTICE MIR ALFAZ ALI
02-09-2019
Heard Dr. B.N. Gogoi, learned counsel for the petitioner.
By this application under Section 439 of the Code of Criminal Procedure, 1973, the petitioner – Abdul Kalam Azad, has prayed for bail in connection with Sapatgram P.S. Case No.100/2019 under Section 366(A), 34, 376(i), 376 (D) of IPC read with Section 4 of POCSO Act, 2012.
Case diary called for is received and perused.
Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam for the State respondent.
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The petitioner has been in custody for 62 days. Having considered the materials in the case diary and the progress of investigation as well as the length of detention, further custodial detention is not considered necessary. Accordingly, the petitioner is allowed to be enlarged on bail of Rs.25,000/- with a solvent surety of the like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bilasipara.
The bail application stands disposed of.
Send back the case diary.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted for the continuation of the investigation without further custodial detention.
2 provisions across 2 enactments
Abdul Kalam Azad
The State of Assam
Mir Alfaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
