The Gauhati High Court disposed of an anticipatory bail application under section 438 Cr.P.C. The court directed the applicant to approach the court below within 15 days for regular bail, while the investigation was incomplete.
Applicant directed to appear before lower court within 15 days to apply for regular bail.
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GAHC010200052022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2890/2022
RAHIM BADSHA S/O- SABDUL ALI, R/O- VILL.- HIRAJANI, P.S. HAJO, DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM
2:LALMIYA S/O LT. SATTAR ALI VILL- KHUPONIKUCHI PS- HAJO PO KHUPONIKUCHI DIST. KAMRUP ASSAM PIN - 781102 PH. NO. 910179139
Advocate for the Petitioner : MD B ISLAM
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 03-01-2023
Mr. A Alam, learned counsel for the applicant and also heard Mr. BB Gogoi, learned Addl. PP, appearing for the State Respondent.
This application under section 438 Cr.P.C., is preferred by
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applicant, namely, Rahim Badsha, who is apprehending arrest in connection with Hajo PS Case No.805/2022, under section 120(B)/366/376 IPC, read with section 6 of POCSO Act, for grant of pre arrest bail.
Mr. Gogoi, learned Addl. PP submits that he has not received the case diary but as per his instructions the IO has completed investigation and laid charge sheet being CS No.559/2022 dated 31.12.2022 under section 366/376 IPC read with section 6 of POCSO Act.
In view of the above, the anticipatory bail application stands disposed of by directing the applicant to appear before the learned court below within a period of 15 days from today and to apply for regular bail and in the event of filing such an application, the learned court below shall consider the same in accordance with law.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether to grant anticipatory bail to an applicant apprehending arrest in a case involving rape and child sexual offences.
1 provisions across 1 enactments
Rahim Badsha
The State of Assam represented by the P.P., Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
