The Gauhati High Court disposed of a bail application under Section 439 Cr.P.C. The court directed the petitioner to move the learned Court below for bail and to have the same decided on merits considering relevant factors.
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GAHC010018652021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./357/2021
DILWAR HUSSAIN
S/O LT. SURUJ ALI, R/O JOHAJAN, P.S.-JURIA, DIST-NAGAON (ASSAM)
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : MR. M A LASKAR Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
09-03-2021
This is an application made under Section 439 Cr.P.C ., seeking bail by the accused-petitioner, namely, Dilwar Hussain, in connection with Samuguri Police Station Case No. 475/2020, registered under Sections 363/376(3) of the IPC, read with Section 4 of the POCSO Act .
I have perused the petition including the copy of the FIR and the documents annexed therewith.
Heard Mr. S. Ahmed, learned counsel appearing for the petitioner and Mr. N.K. Kalita, learned Additional Public Prosecutor, appearing for the State.
It has been submitted by Mr. Kalita, learned Additional Public Prosecutor that in the instant case, charge-sheet vide CS No. 11/2021, dated 30-01-2021, has already been laid by the Investigating Police Officer after completion of investigation of the case and within the statutory period prescribed therefor.
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In view of above, the petitioner is directed to approach the learned Court below with an 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 bail application stands disposed of accordingly.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the bail application should be allowed or dismissed.
Whether the matters are placed before the learned Court below with appropriate instructions.
1 provisions across 1 enactments
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
