Partly allowed

Arun Mochahary @ Mochahari v. the State of Assam

Gauhati HC13 Dec 2021Bail Appln./3288/2021

Case brief

AI extract

What is this about?

The court considered an application for bail in connection with a POCSO case where the charge sheet was already filed. The court closed the application, reserving the liberty to seek regular bail from the jurisdictional trial court.

What did the court decide?

The bail application stands closed. Liberty to approach the learned jurisdictional trial court for seeking regular bail.

Arun Mochahary @ Mochahari Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2021)

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Page No.# 1/2

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GAHC010191592021

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

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Case No. : Bail Appln./3288/2021

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ARUN MOCHAHARY @ MOCHAHARI SON OF LATE MOTI MOCHAHARY R/O VILL- ROWMARI P.S. ORANG DIST. UDALGURI, ASSAM

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. U K BARMAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 13-12-2021

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Heard Mr. H. Ali, learned counsel for the accused-petitioner and Mr. B.B. Gogoi, learned Additional public Prosecutor for the respondent State of Assam.

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By this application under Section 439, Code of Criminal Procedure, 1973,

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Page No.# 2/2

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the accused-petitioner viz. Sri Arun Mochahary @ Mochahari has prayed for his release on bail in connection with Orang Police Station Case no. 129/2021, registered for offence under Section 376[AB], Indian Penal Code read with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

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It has been submitted by Mr. Gogoi, learned Additional Public Prosecutor that the Investigating Officer [I.O.] of the case, after completion of investigation, has already submitted a charge sheet under Section 173(2), CrPC in connection with Orang Police Station Case no. 129/2021 vide Charge Sheet no. 117/2021 dated 30.11.2021.

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In view of the submission of charge sheet in the case, Mr. Ali has submitted that the accused-petitioner will approach the learned jurisdictional trial court seeking regular bail.

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Accordingly, this bail application stands closed, reserving the liberty to the accused-petitioner to approach the learned jurisdictional trial court for seeking regular bail by filing appropriate application.

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In the event such application is filed by the accused-petitioner, the learned jurisdictional trial court shall consider the same in accordance with law and in an expeditious manner.

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JUDGE

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Comparing Assistant

Arun Mochahary @ Mochahari v. the State of Assam

Case brief

What is this about?

What did the court decide?

Arun Mochahary @ Mochahari 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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