Allowed

Rupam Ch Ray v. the State of Assam and Anr.

Gauhati HC3 Mar 2025Crl.Pet./22/2025

Case brief

AI extract

What is this about?

A petitioner shown as an absconder in a POCSO trial applied for a chance to surrender to avoid immediate remand. The High Court allowed the application, directing that upon appearing before the trial court, he be released on bail of ₹20,000 with a surety of the same amount, subject to regular appearance.

What did the court decide?

Permission to surrender with a direction for release on bail of ₹20,000/- with a surety of ₹20,000/- upon appearing before the trial court.

Rupam Ch Ray Vs the State of Assam and Anr. — Bail and Remand | Gauhati HC (2025)

Page No.# 1/2

GAHC010003592025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Crl.Pet./22/2025

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RUPAM CH RAY S/O NAREN CH. RAY R/O VILL- SOULMARI PT.II, P.S. DHUBRI, DIST. DHUBRI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM

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2:GUNADHAR CH. RAY S/O LATE UPEN CHANDRA RAY VILL- SOULMARI PT.II P.O. KACHARIHAT P.S. AND DIST. DHUBRI ASSAM PIN-78333

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Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI

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Advocate for the Respondent : PP, ASSAM, MD. I H LASKAR (R-2),MR. M AHMED (R-2)

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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 04.03.2025

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Heard the learned counsel Mr. S. Islam appearing for the petitioner. Also heard Mr.K.

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Page No.# 2/2

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Baishya, the learned Public Prosecutor appearing for the State of Assam as well as Mr. M. Ahmed, the learned counsel appearing for the respondent No.2.

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2 . This is an application u/s 528 of the BNSS, 2023 in respect of Special Case No. 279/2024 pending in the court of the learned Additional Sessions Judge-cum-Special Judge(POCSO), Dhubri.

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3 . The present petitioner has been shown as absconder in the charge-sheet. Therefore, he apprehends that if he appears before the trial court, he will be remanded to custody. Therefore he prays that he should be given one opportunity to that effect.

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The prayer of the petitioner is allowed.

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4 . I have considered the submissions made by the learned counsel of both sides.

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5 . It is hereby directed that whenever the petitioner Rupam Ch . Ray appears before the court of the learned Additional Sessions Judge-cum-Special Judge(POCSO), Dhubri, he shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge-cum-Special Judge(POCSO), Dhubri.

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6 . The petitioner shall regularly appear before the court below on each and every date of hearing. If he fails to appear before the court below without showing any cogent reason, the trial court shall be at liberty to procure his attendance.

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With the aforesaid direction, the criminal petition stands disposed of.

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JUDGE

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Comparing Assistant

Rupam Ch Ray v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Rupam Ch Ray v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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