Md. Mokbul Hussain v. the State of Assam
Case brief
What is this about?
In a special POCSO case involving abetting the commission of offences, the Gauhati High Court rejected the accused's bail application under Section 439 Cr.P.C. The court held that granting bail would likely hamper the trial as the victim witness remains unexamined. The application was disposed of with liberty to approach the court at an appropriate stage.
What did the court decide?
Bail application rejected; liberty to file fresh application at an appropriate stage of trial.
What the court decided
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GAHC010077482022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./899/2022
MD. MOKBUL HUSSAIN S/O MD. ISLAM UDDIN R/O VILL- NO. 2, HARMOTI P.S. JAKHALABANDHA DIST. NAGAON, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. B CHOWDHURY
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
20.07.2022
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the accused in a chargeable offence under the POCSO Act where no prosecution witness has been examined.
Whether granting bail would hamper the trial of a serious case.
Whether the bail application should be allowed or dismissed given the current stage of the trial.
Parties & counsel
- petitioner
Md. Mokbul Hussain
- respondent
The State of Assam
Coram
Ajit Borthakur
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · July
- Registered
- Case no.
- Bail Appln./899/2022
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