Dismissed

Aizul Haque @ Azizul Haque @ Azizur Haaque v. the State of Assam

Gauhati HC10 May 2019Bail Appln./664/2019

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC regarding a penal offence under Section 4 POCSO, the High Court refused to grant interim bail, directed the accused to approach the trial court, and directed the trial court to expedite proceedings.

What did the court decide?

Bail application dismissed; accused directed to approach trial court; trial court directed to expedite trial.

Aizul Haque @ Azizul Haque @ Azizur Haaque Vs… — Child Sexual Offences (POCSO) | Gauhati HC (2019)

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Page No.# 1/2

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GAHC010062092019

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln. 664/2019

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1:AIZUL HAQUE @ AZIZUL HAQUE @ AZIZUR HAAQUE S/O. MD. MAINAL HOQUE, R/O. KACHARI PAM, MAHTULI, P.S. BOKO, DIST. KAMRUP, ASSAM.

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VERSUS

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1:THE STATE OF ASSAM REP. BY PP, ASSAM.

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Advocate for the Petitioner : MR. N ISLAM

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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Date : 10-05-2019

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Heard Mr. N. Islam, learned counsel for the accused-petitioner as well as Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam for the State respondent.

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By this second application under section 439 of the Cr.P.C., the petitioner namely, Aizul Haque @ Azizul Haque @ Azizur Haaque has prayed for grant of bail, in connection with Session Case No. 401/2018 (arising out of G.R. Case No. 11964/2018) and Jalukbari P.S. Case No. 1159/18 under Section 4 of the POCSO Act, 2012.

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The copy of case record in CD form, as called for, is placed before the Court.

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Page No.# 2/2

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Mr. N. Islam, learned counsel for the accused-petitioner, submits that the accused has been in judicial custody since 30.08.2018, that is, for 220 days and the case is at evidence stage and further, that considering his length of detention, he may be directed to be released on bail on any condition.

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Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam, submits that the allegation against the accused is pertaining to commission of penetrative sexual assault on a minor girl aged about 8 years and his earlier bail application was disposed of directing to approach the learned trial Court for bail. Therefore, in view of the facts of the case, the bail application may not be accepted.

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Perusal of the record shows that charge under Section 4 of the POCSO Act was framed on 10.01.2019 and thus, the case is at its evidence stage. The earlier bail application was disposed of vide order, dated 28.11.2018 passed in B.A. No. 2643/18. Therefore, the accused may approach the learned trial Court for regular bail. If any bail application is filed, the learned trial Court shall dispose of the same in accordance with law.

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The learned trial Court is directed to expedite the trial of the case.

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With the above directions, the bail application stands disposed of.

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JUDGE

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Comparing Assistant

Aizul Haque @ Azizul Haque @ Azizur Haaque v. the State of Assam

Case brief

What is this about?

What did the court decide?

Aizul Haque @ Azizul Haque @ Azizur Haaque v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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