In this bail application regarding allegations under the POCSO Act involving a minor, the Gauhati High Court rejected the plea, emphasizing the serious nature of the criminal charges.
The bail application of the accused was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010210252021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3501/2021
MD. ALLALUDDIN @ ALA UDDIN S/O LATE HUSSAIN ALI VILL- NO. 2 KHULABHUYAN P.S. MAYONG DIST. MORIGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. N UDDIN Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
O R D E R
10.12.2021
Heard Mr. N Uddin, learned counsel for the petitioner and Ms. S Jahan, learned Additional Public Prosecutor for the State of Assam.
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with her private parts and forcefully tried to rape her. When the informant came and saw the incident being taking place and resisted the accused petitioner, the petitioner called the other accused persons over his mobile phone. The other accused persons being accused No. 2 with a dagger in his hand, accused No. 3 with a bottle, accused Nos. 4, 5 and 6 with dao, lathi and siprang in their hands, threatened the informant and tried to keep the informant away from the incident. When the informant and other family members did not agree to the same, the accused No. 2 attacked the brother of the informant with a dagger on his head and he fell down and the accused No. 3 had injured her other brothers Hafijur Rahman and Washim Akram by sword and siprang. As a result, the family members were required to be admitted to hospital for necessary treatment.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the bail application of the accused charged under the POCSO Act should be granted given the nature of the allegations.
Md. Allaluddin @ Ala Uddin
The State of Assam
Achintya Malla Bujor Barua
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
