Kushal Das v. The State of Assam and Anr

ORDER

20.11.2024

Heard Mr. G. Alam, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for the grant of regular bail to the accused/petitioner, who was arrested on 30.08.2024 in connection with Biphuria P.S. Case No. 141/2024 registered under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (Corresponding to G.R. Case No.664/2024). The case was listed today for production of the Case Diary before this Court, however, Mr. Goswami, learned Additional Public Prosecutor has submitted that the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No.123/2024, dated 30.09.2024. In this regard, Mr. Alam, learned counsel for the petitioner, submits that the petitioner may be allowed to move an application for regular bail before the learned Trial Court, and that the petitioner will appear before the learned Court below and participate in the trial. Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheet, vide Charge-Sheet No. 123/2024, dated 30.09.2024, it is provided that the petitioner shall appear before the learned Court below and on his appearance and on his filing a petition for grant of regular bail, the learned Court below shall consider the same in accordance with law.

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010211482024 ooooooo 2024:GAU-AS:11302 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./3076/2024o KUSHALoDASo S/OoSHRIoGULUKoDASo R/OoVILL-oRAJABARI,o P.S.oBIHPURIAo P.O.oDHALPURo DIST.oLAKHIPUR,oASSAMo PIN-784165 VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPoBYoTHEoPP,oASSAM 2:MD.oDULALoHUSSAIN oS/OoSHRIoKEDARoMALLAHo R/OoVILL-oGOHAINDOLONI o P.S.oBIHPURIAo DIST.oLAKHIMPUR oASSAMo PIN-78567o AdvocateoforotheoPetitionerooooo:oMR.oPoDoNAIR,oMRoSoRoAoNASER,MR.oHoROHMAN,MRoGoALAM AdvocateoforotheoRespondento:oPP,oASSAM,oIoAMINo(R-2),MRoMoHoAHMED(R-2)oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA