Jakariya Chowdhury v. The State of Assam and Anr

ORDER Date : 08.04.2024 Heard Mr.F.K.R.Ahmed, learned counsel appearing for the petitioner. Also heard Mr. Page No.# 2/2 B.Sarma, learned Additional P.P. for the State of Assam. This is an application under Section 439 of the Cr.P.C. in respect of Special POCSO 120(H)/2023 arising out of Murajhar P.S. Case No.25/2023 under Section 366 of the Indian Penal Code read with Section 10 of POCSO Act. It appears from the LCR that the trial Court had already examined 4 witnesses including the prosecutrix. The petitioner has been in custody for the last 366 days. This Court is of the opinion that by keeping the petitioner in custody for any further period of time during trial could not serve any purpose. Therefore, the bail prayer of the petitioner is allowed. The petitioner Jakariya Chowdhury shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the Special Judge, Hojai, Sankardev Nagar. The petitioner is directed to be present in the trial Court regularly till disposal of the case. With the aforesaid direction, the bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010033012024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./467/2024 JAKARIYA CHOWDHURY S/O FARAN CHOWDHURY R/O VILL- BORBALI, P.S. MURAJHAR, DIST- HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:FAIHMIKA BEGUM D/O NAJIM UDDIN R/O VILL- DIGHALJHAR P.S. MURAJHAR DIST. HOJAI ASSA Advocate for the Petitioner : M U BARBHUYAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA