The Gauhati High Court rejected a bail application filed by Bipul Ali, who was arrested in a POCSO case involving a 17-year-old victim. The court denied bail citing direct implication in the 164 statement and ongoing investigation.
Bail application rejected; Case Diary returned to the learned Addl. Public Prosecutor.
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GAHC010209542021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3494/2021
BIPUL ALI S/O ABUL ALI R/O VILL- ALTA (JANOPAR) P.S. BAIHATA CHARIALI, DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR T THAKURIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
Date : 14-12-2021
Heard Shri R Thakuria, learned counsel for the applicant. Also heard Shri B Sarma, learned Addl. Public Prosecutor, Assam.
This bail application under Section 439 of the Cr.PC has been filed by the applicant, namely, Bipul Ali, praying for bail in connection with Baihata Chariali PS Case No.604/2021
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under Sections 376/511 of the IPC read with Section 8 of the Protection of Children from Sexual Offences Act.
The applicant has been arrested on 11.11.2021.
Pursuant to the orders of this Court dated 10.12.2021 and 09.12.2021, the Case Diary has been obtained.
Shri Sarma, learned Addl. Public Prosecutor by referring to the Case Diary has submitted that the alleged victim in her statement made under Section 164 Cr.PC has directly implicated the petitioner. The age of the victim has also been stated to be 17 years.
Considering the aforesaid aspect and also the fact that the investigation is going on, this Court is of the opinion that the applicant is not entitled to the privilege of bail at this stage.
Accordingly, bail application is rejected.
Case Diary is returned back to the learned Addl. Public Prosecutor.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted to the applicant charged with sexual offence under POCSO.
Whether the proposed investigation of the case warrants denial of bail.
3 provisions across 3 enactments
Bipul Ali
The State of Assam
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
