The High Court allowed a Section 482 application by an absconder in a POCSO case, permitting him to appear before the trial court for bail. The court directed his surrender within ten days and release on bail of Rs. 25,000 with a surety.
Petitioner directed to surrender within 10 days and released on bail of Rs. 25,000 with a surety of like amount.
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GAHC010124752025
2025:GAU-AS:7700
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1329/2025
BIPLAB BISWAS S/O SUKUMAR BISWAS R/O PUB SUWALONI P.S. RUPAHIHAT DIST. NAGAON, ASSAM,
VERSUS
THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM
2:SMT. MONIKA BISWAS W/O BIMAL BISWAS R/O BHORIDHUWA
P.S. ULUONI
DIST. NAGAON ASSAM PIN-78212
Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN
Advocate for the Respondent : PP, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 12.06.2025
1. Heard Mr. S. M. Abdullah P, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam.
2. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of POCSO Case No.78/2025, arising out of Uluoni P. S. Case No.50/2024, pending in the Court of the learned Additional Sessions Judge Cum Special Judge (POCSO), Nagaon, Assam.
3. The petitioner has been shown as an absconder in the Charge-Sheet, he now wants to appear before the Trial Court to contest the case. The petitioner apprehends that since he has shown as an absconder in the Charge-Sheet, he will be remanded to custody. He also submits that he may be given adequate opportunity to that effect.
4. Mr. Das, learned Additional Public Prosecutor has objected this this bail application on the ground that the offence is of POCSO as well as Immoral Traffic (Prevention) Act, 1956.
5. I have considered the submission made by learned counsel for both the sides.
6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect for the ends of justice.
7. Therefore, the bail application of the petitioner is allowed.
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8. It is hereby directed that the petitioner Biplab Biswas shall appear before the learned Additional Sessions Judge Cum Special Judge (POCSO), Nagaon, Assam in respect of POCSO Case No.78/2025, arising out of Uluoni P. S. Case No.50/2024, within next 10(ten) days from today.
9. On his appearance, the petitioner, Biplab Biswas shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge Cum Special Judge (POCSO), Nagaon, Assam.
10. The petitioner shall regularly appear before the Trial Court on each and every date of hearing, if he fails to appear before the Trial court without showing satisfactory reasons, the Court shall have to liberty to procure his attendance in accordance with the procedure as laid down by law.
11. The bail application stands disposed of.
JUDGE
Comparing Assistant
1 provisions across 1 enactments
Biplab Biswas
The State of Assam
Smt. Monika Biswas
Parthivjyoti Saikia
As recorded by the court registry
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