High Court dismissed the bail application, directing the petitioner to approach the learned trial court for consideration of bail as the case is at the inquiry or evidence stage.
Application disposed of; petitioner directed to approach the trial court for regular bail.
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GAHC010257262022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3463/2022
BISHAL GOWALA
S/O- SRI RAMJI GOWALA, R/O- VILL- GOBINDAPUR, P.S. TINSUKIA, DIST.TINSUKIA, ASSAM
VERSUS
THE STATE OF ASSAM REP. BY P.P., ASSAM
Advocate for the Petitioner : G UDDIN
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 14.03.2023
Heard Mr. G. Uddin, learned counsel appearing for the petitioner and Ms. S. Jahan, learned Additional Public Prosecutor appearing for the State.
This is an application filed under Section 439 Cr.P.C ., seeking bail by the petitioner, namely, Bishal Gowala, in connection with Tinsukia Police Station Case No. 1145/2022 , registered under Sections 363/376 of IPC r/w section 4 of POCSO Act .( corresponding to POCSO case No.05(T)/2023 ).
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It has been submitted by the learned counsel for the petitioner that the case is at the stage of evidence. He further submits that he has no knowledge whether the statement of the victim was recorded or not.
Ms. Jahan, learned Additional Public Prosecutor for the State submits that the case is pending before the learned Additional Sessions Judge/Special Judge, POCSO, Tinsukia and at this stage, the petitioner may approach before the learned trial court seeking regular bail.
Considering the submissions made by the learned counsel for the parties, the present petition is disposed of with a direction to the petitioner to approach before the learned trial court and if any bail application is filed, the same will be considered by the learned trial court as per provision of law.
The bail application stands disposed of.
Comparing Assistant
2 issues framed by the court
Whether the bail application should be decided by the High Court or remitted to the trial court.
Whether the petitioner should be granted bail or directed to approach the trial court.
1 provisions across 1 enactments
Bishal Gowala
The State of Assam Rep. by P.P., Assam
Mallasri Nandi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
