Dismissed

Billal Uddin v. the State of Assam

Gauhati HC7 Sept 2022Bail Appln./1948/2022

Case brief

AI extract

What is this about?

In a bail petition filed under Section 439 Cr.P.C. for alleged rape and POCSO offences, the Court rejected the application, holding that granting bail at this stage would hamper the trial as no prosecution witnesses have yet been examined despite summons issued.

What did the court decide?

Bail application rejected; liberty to file fresh bail application at an appropriate stage of trial.

Billal Uddin Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2022)

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Page No.# 1/2

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GAHC010158092022

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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./1948/2022

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BILLAL UDDIN

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S/O LATE JAMSAD ALI

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R/O VILL- NO. 1 KAKI NO. 6 GAON ROHA BLOCK, P.O. KAKI, P.S. KAKI DIST. HOJAI, ASSAM, PIN-782446

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VERSUS

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THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM

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Advocate for the Petitioner : MR. S ZAMAN

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Advocate for the Respondent : PP, ASSAM

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BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR

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ORDER

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07.09.2022

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Heard Mr. M. Alam, learned counsel for the accused petitioner as well as Mr. B.B. Gogoi, learned Addl. P.P., Assam appearing for the State respondent.

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By this petition under Section 439 Cr.P.C., the accused-petitioner, namely

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Page No.# 2/2

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Billal Uddin has prayed for grant of bail in connection with Kaki P.S. Case No.09/2022 u/s 376/511 of the IPC read with Section 4 of the POCSO Act [ Special POCSO Case No. 32(H) of 2022 ].

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The scanned copy of the case records along with the case diary, as called for, are placed before the Court.

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The FIR reveals the allegation of commission of rape on the minor daughter of the informant by the accused petitioner on several occasions.

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Perusal of the case records shows that the learned Sessions Judge, Hojai has framed charges against the accused petitioner u/s 6 of the POCSO Act and Sections 376AB/354B of the IPC and summons have been issued to the prosecution witnesses. Thereafter, not a single witness is examined.

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Therefore, this Court is of the opinion that, if the liberty of bail is granted to the accused petitioner at the present stage, the trial of the case is likely to be hampered.

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Accordingly, the bail application stands rejected.

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The accused petitioner is however given liberty to file fresh bail application at an appropriate stage of trial of the case and if such bail application is filed, the same shall be considered and disposed of in accordance with law.

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This disposes of the bail application.

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JUDGE

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Comparing Assistant

Billal Uddin v. the State of Assam

Case brief

What is this about?

What did the court decide?

Billal Uddin 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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