In a bail application under Section 439 Cr.P.C. in a POCSO case, the Gauhati High Court allowed the petitioner to approach the trial court instead of granting bail, noting the case was at the final stage of the trial with witnesses examined.
Petitioner directed to approach the learned Court below with observations regarding the stage of the trial.
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GAHC010004362022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./80/2022
MD. NIMAR ALI S/O LATE ISLAM ALI R/O NO. 4 RONGBONG TONGTONG TOLI, P.S. AND DIST. GOLAGHAT, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MD. A J ATIA
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
01-02-2022
The Court proceedings have been conducted through Video-Conference due to Covid19 pandemic.
This is an application made under Section 439 Cr.P.C. , seeking bail by the accused-petitioner, namely, Md. Nimar Ali , in connection with Golaghat Special (POCSO) Case No. 57/2021 , registered under Section 376 of the IPC, read with Section 04 of the POCSO Act .
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Heard Mr. A.J. Atia, learned counsel appearing on behalf of the petitioner and Mr. B.B. Gogoi, learned Additional Public Prosecutor representing the State. The scanned copy of the case record has been received and perused. The materials in the case record show that four witnesses have already been examined and it has also appeared from the order dated 24-12-2021, passed by the learned Court below, that the prayer for bail of the petitioner was rejected on the ground that the case is at the final stage of the trial and the same would be concluded soon.
Considering the stage of the case, this Court is of the view that the learned trial Court would be the appropriate Court to consider the bail application of the petitioner, if moved afresh, taking into account the various factors including the time likely to be taken in conclusion of the trial of the case as well as taking into account the evidence of witnesses so far recorded.
In view of above, this petition is disposed of with direction to the petitioner to approach the learned Court below in the light of the above observations.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether bail should be granted at the late stage of a trial under the POCSO Act.
Whether the present court should decide the bail application or remand it to the trial court.
3 provisions across 3 enactments
Md. Nimar Ali
The State of Assam
Hitesh Kumar Sarma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
