The High Court rejected the petitioner's pre-arrest bail application in a POCSO case. The petitioner was a charge-sheeted accused who had evaded arrest and failed to appear despite summons. The Court held that pre-arrest bail was not maintainable after cognizance had been taken.
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GAHC010007052025
2025:GAU-AS:1537
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/144/2025
ABED ALI S/O LATE SATTAR ALI R/O VILL- BAIRAPUR P.S. SORBHOG, PIN-781317, DIST. BARPETA, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM
2:SAHIDA BIBI (INFORMANT) W/O SAHAR ALI R/O VILL- BAIRAPUR P.S. SORBHOG
DIST. BARPETA ASSAM PIN-78131
Advocate for the Petitioner : MR A L MANDAL,
Advocate for the Respondent : PP, ASSAM,
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BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
14/02/2025
Heard Mr. A L Mandal, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State.
2. The petitioner, namely, Abed Ali, son of Late Sattar Ali, resident of Village-Bairapur, P.S. Sorbhog, District-Barpeta, has filed this application under Section 482 BNSS, 2023, seeking pre-arrest bail apprehending his arrest in Sorbhog P.S. Case No. 93/2023 registered under Section 4 of POCSO Act, which is now registered as Special (POCSO) Case No. 172/2023 under Section 4 of POCSO Act, 2012.
3. Perused the records of Special (POCSO) Case No. 172/2023 that was called for by order dated 27.01.2025 from the Court of learned Special Judge (POCSO)-cum-Additional Sessions Judge., Barpeta.
4. It is seen from the records that the petitioner is a charge-sheeted accused in said Sorbhog P.S. Case No. 93/2023 and during the investigation of the case, the petitioner evaded arrest. As such, in the charge-sheet filed on 31.10.2023 in said Sorbhog P.S. Case No. 93/2023, the petitioner was shown to be an absconder. After receipt of the charge-sheet of said Sorbhog P.S. Case No. 93/2023, said case was registered as Special (POCSO) Case No. 172/2023 and the learned POCSO Court, Barpeta rejected his pre-arrest bail in said Sorbhog P.S. Case No. 93/2023 on 10.11.2023 considering that the charge-sheet has already been filed in the case. In the said Special (POCSO) Case No. 172/2023, the learned Special Judge (POCSO), Barpeta took cognizance of the offence under Section 4 of the POCSO Act on 19.12.2023 and issued summon to the petitioner for his appearance. In spite of the information, the petitioner did not appear before the learned Special Judge (POCSO), Barpeta in said Special (POCSO) Case No. 172/2023.
5. On perusal of this pre-arrest bail application filed by the petitioner, it is seen that the petitioner is fully aware of the dates as to when the said Special (POCSO) Case No. 172/2023 was fixed and that he is also aware that Bailable Warrant of Arrest has been issued to him for his appearance in the matter. Further, the petitioner is also aware of the medical report of the minor victim girl involved in the case.
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6. Considering the above and the records of Special (POCSO) Case No. 172/2023 arising out of Sorbhog P.S. Case No. 93/2023, this Court is not inclined to grant pre-arrest bail to the petitioner, named above, in said Special (POCSO) Case No. 172/2023 arising out of Sorbhog P.S. Case No. 93/2023, since cognizance has already been taken by the learned Special Judge (POCSO), Barpeta.
7. Accordingly, this pre-arrest bail application of the petitioner, Abed Ali, in said Special (POCSO) Case No. 172/2023 arising out of Sorbhog P.S. Case No. 93/2023 stands rejected.
8. The petitioner may approach the appropriate forum for his regular bail in said Special (POCSO) Case No. 172/2023 arising out of Sorbhog P.S. Case No. 93/2023.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether pre-arrest bail should be granted to a charge-sheeted absconder in a POCSO case after cognizance has been taken?
2 provisions across 2 enactments
ABED ALI
THE STATE OF ASSAM
Manash Ranjan Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
