This is an anticipatory bail application under Section 438 Cr.P.C. by a petitioner charged with offences under Section 4 of the POCSO Act and other IPC sections in Special POCSO Case No. 71 of 2020. The petitioner was marked as an absconder. The court directed the petitioner to approach the lower court for bail upon issuance of summons.
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GAHC010019502021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/356/2021
MANIRUL ISLAM
S/O SANOWAR ISLAM, R/O VILL-KURIHA, P.S.-BARPETA, DIST-BARPETA, ASSAM
VERSUS
STATE OF ASSAM AND ANR. REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:ABDUL JALIL (INFORMANT) S/O LATE ABDUL AZIZ R/O VILL-BETBARI PATHAR P.S.-BARPETA DIST-BARPETA ASSA
Advocate for the Petitioner : MR S H SIKDAR
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
17-03-2021
This is an application made under Section 438 Cr.P.C ., seeking pre-arrest bail by the petitioner, namely, Manirul Islam, apprehending arrest in connection with Special POCSO Case No. 71 of 2020 , registered under Sections 365/343/376/506 of the IPC, read with Section 4 of the POCSO Act .
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Heard Mr. S.H. Sikdar, learned counsel for the petitioner as well as Ms. S.H. Bora, learned Additional Public Prosecutor, appearing for the State of Assam.
This is a case charge sheeted against the accused-petitioner, inter alia, under Section 4 of the POCSO Act showing him as an absconder.
The learned Court below has taken cognizance of the case for offences under Sections 365/343/376/506 of the IPC, read with Section 4 of the POCSO Act. Summon is directed to be issued against the accused-petitioner. Since summon is issued against the petitioner, he is supposed to appear before the learned Court below with appropriate application for bail. That being so, the petitioner shall approach the learned Court with appropriate application for bail, and if he makes any application for bail, the same be considered and disposed of on its own merit taking into consideration all the relevant factors.
The anticipatory bail application stands disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant pre-arrest bail to a petitioner charged with offences under the POCSO Act who is marked as an absconder.
2 provisions across 2 enactments
Manirul Islam
State of Assam
Abdul Jalil
Hitesh Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
