Dismissed

Tinku Baruah and Anr. v. the State of Assam

Gauhati HC10 Feb 2022AB/199/2022

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of an application for pre-arrest bail. While noting the charge-sheet was laid, the Court directed the petitioner to approach the trial court and extended interim protection for 20 days only if the petitioner appears before the trial court within that period.

What did the court decide?

Extending interim protection for 20 days conditional on appearance before the trial court; otherwise protection vacated.

Tinku Baruah and Anr. Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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GAHC010011942022

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

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Case No. : AB/199/2022

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TINKU BARUAH AND ANR S/O LATE HIREN BORUAH

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R/O PRESTIGE TOWER, BLOCK 2, R-3, UNDER DISPUR POLICE STATION, P.O. PANJABARI, SIX MILE, GUWAHATI, DIST. KAMRUP (METRO), ASSAM, PIN-781022

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2: PALLABI BARUAH W/O TINKU BORUAH R/O PRESTIGE TOWER BLOCK 2 R-3 UNDER DISPUR POLICE STATION P.O. PANJABARI SIX MILE GUWAHATI DIST. KAMRUP (METRO) ASSAM PIN-78102 VERSUS

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THE STATE OF ASSAM REP. BY THE PP, ASSAM

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Advocate for the Petitioner : MR. A K CHAUDHURY

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA

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ORDER

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Date : 10-02-2022

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The Court proceedings have been conducted through Video-Conference due to COVID-19 pandemic.

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Heard Mr. AK Chaudhury, learned counsel for the petitioners. Also heard Mr. RJ Baruah, learned Additional Public Prosecutor, appearing for the State respondent.

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This is an application, filed under Section 438 of the Cr.PC. seeking prearrest bail of the petitioners, namely, 1. Tinku Baruah and 2. Pallabi Baruah, in connection with All Women Police Station Case No. 04/2022 registered under Sections 325/34 of the IPC read with Sections 14(1) of the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 and read with Sections 75/76 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

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It has been submitted by Mr. Baruah, learned Additional Public Prosecutor that charge-sheet has been laid, vide CS No. 9/2022, dated 24.01.2022 in the instant case by the Investigating Police Officer. That being so, if so advised, the petitioners shall appear before the learned court below with an appropriate application for bail, which the learned court below shall consider on its own merit. However, since the petitioner No. 1, Tinku Baruah has been availing interim protection, the same is extended for another 20 (twenty) days from today.

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That being so, if so advised, the petitioner No. 1 shall appear before the

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learned court below within the next 20 (twenty) days from today with an appropriate application for bail, which the learned court below shall consider on its own merit.

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In the event, the petitioner No. 1 do not appear before the learned court below within the next 20 (twenty) days, the interim protection granted to him, vide order, dated 25.01.2022 shall automatically stand vacated.

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With the above observations and directions, this petition stands disposed of.

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JUDGE

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Comparing Assistant

Tinku Baruah and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Tinku Baruah and Anr. 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

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