Application filed for bail in rape and POCSO cases rejected by the High Court as no fresh ground for reconsideration was made out; victim's statement affirmed specific charge of rape.
The bail application is rejected; liberty given to file before the trial court.
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GAHC010095862021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./1374/2021
NAZRUL ISLAM
S/O RAHMAT ALI, R/O VILLAGE DULIAPARA, PS DALGAON, DIST. DARRANG, ASSAM, PIN- 784125
VERSUS
THE STATE OF ASSAM AND ANR. REP. BY PP, ASSAM
2:GULAM ALI S/O MOTLEB ALI R/O DULIAPARA PS DALGAON DIST. DARRANG ASSA
Advocate for the Petitioner : MR. Y S MANNAN
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 03-08-2021
Heard Shri YS Mannan, learned counsel for the applicant, namely, Nazrul Islam, who has filed this bail application under Section 439 Cr.PC praying for bail in connection with Special (P) Case No. 20/2021 and in connection with Dalgaon PS Case No. 434/2020 under
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Sections 448/376/354/354(A)/354(B)/34 of the IPC, read with Section 6 of the Protection of Children from Sexual Offences Act (POCSO), corresponding to GR Case No. 2408/2020.
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is of the opinion that no fresh/new ground for reconsideration of the prayer for bail has been made out. Rather, the statement made under Section 164 of the Cr.PC would reveal that the alleged victim has made specific charge of rape against the applicant.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether fresh grounds were made out to reconsider the earlier rejection of the bail application.
Whether the alleged victim's statement under Section 164 Cr.PC supports the charge of rape against the applicant.
3 provisions across 3 enactments
NAZRUL ISLAM
THE STATE OF ASSAM
SANJAY KUMAR MEDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
