Bail application filed under Section 483 BNS regarding a POCSO case. The Gauhati High Court held the petitioner does not deserve bail as the trial is incomplete. The application was closed and disposed of as devoid of merit.
The bail application was closed and disposed of as devoid of merit. No bail granted.
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GAHC010006672025
2025:GAU-AS:7702
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./221/2025
LIYAKAT ALI@ RIYAKAT ALI LASKAR SON OF LATE TAYAB ALI R/O VILL-DOBOKA TOWN, P.S. DOBOKA IN THE DISTRICT OF HOJAI, ASSAM
VERSUS
THE STATEOF ASSAM AND ANR REP. BY THE PP, ASSAM
2:SRI DINESH CH. DAS S/O LATE PADMA KT. DAS DISTRICT SOCIAL WELFARE OFFICER NAGAON CUM DISTRICT CHILD PROTECTION OFFICER
NAGAON ASSAM AND ALSO PERMANENT RESIDENT OF BELTOLA P.A. OFFICE ROAD P.S. BASISTHA GUWAHATI N THE DISTRICT OF KAMRUP (M) ASSA
Advocate for the Petitioner : MR. P BORAH, MRS K M SAIKIA
Advocate for the Respondent : PP, ASSAM, MS B CHOUDHURY, AMICUS CURIAE (R-2)
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 12.06.2025
1. Heard Mr. P. Borah, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam and Ms. D. Choudhury, learned Amicus Curiae for the respondent No.2.
2. This application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special (POCSO) Case No.204/2023, pending in the Court of the learned Additional District & Sessions Judge No.1 Cum Special Judge (POCSO), Nagaon, Assam.
3. I have gone through the LCR.
4. Out of the 11 prosecution witnesses, 10 of them have been examined, only one remains to be examined.
5. After going through the materials available on record, this Court is of the opinion that at this stage, the petitioner dose not deserves to be deserve to be released on bail. Let the Trial Court complete the trial by examining the last remaining witness.
6. Therefore, this bail application found to be devoid of merit at this stage and stands closed and disposed of.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner deserves to be released on bail at the present stage of trial.
1 provisions across 1 enactments
Liyakat Ali@ Riyakat Ali Laskar
The State of Assam
Dr. Dinesh Ch. Das
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
