Sabed Ali @ Sabed Ali Khan v. The State of Assam and Anr

ORDER Date : 07.08.2024

Heard Mr. G.U. Ahmed, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the Page No.# 2/3 State/respondent No.1 and Mr. D. Gogoi, learned Amicus Curiae for the respondent No. 2.

¶2By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Sabed Ali @ Sabed Ali Khan, has prayed for granting pre-arrest bail, apprehending arrest in connection with Special Case No. 17/2024(arising out of Gauripur P.S. Case No. 827/2016), under Section 376(D) of IPC r/w Section 4 of POCSO.

¶3It is submitted by the learned counsel for the petitioner that the police never visited the house of the petitioner although the petitioner was available in his house. It is also submitted that the victim girl did not say anything regarding involvement of the petitioner in this case. The learned counsel for the petitioner has also pointed out that in the medical report, there is no injury found by the Doctor on the private parts of the victim. It is further submitted that the petitioner was shown as absconder in the charge-sheet in a POCSO case, as such, he is apprehending arrest. Considering the fact that as there is no allegation made against the petitioner by the victim herself, benefit of pre-arrest bail may be extended to the petitioner.

¶4On the other hand, Mr. Baruah, learned Additional Public Prosecutor has submitted that cognizance was taken against the petitioner under Section 376(D) IPC r/w Section 4 of POCSO Act. However, the learned Additional Public Prosecutor for the State submits that the petitioner may appear before the learned trial court for regular bail.

¶5Mr. Gogoi, learned Amicus Curiae for the respondent No.2 has also Page No.# 3/3 submitted that petitioner may approach before the learned trial court seeking regular bail.

¶6I have considered the submissions made by the learned counsel for the parties. I have also perused the trial court record.

¶7It appears from the record that charge-sheet has been submitted against the petitioner under Section 376(D) IPC r/w Section 4 of POCSO Act and subsequently, cognizance was also taken by the trial court.

¶8In view of the above, the petitioner is directed to surrender before the learned trial court and in the event of filing any bail application, the learned trial court will consider the matter in accordance with law.

¶9The pre-arrest bail application stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010049412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/630/2024 SABED ALI @ SABED ALI KHAN S/O LATE MOKBUL ALI, R/O VILL- ALOMGANJ PART-IX, P.O.-LAOMGANJ, P.S.-GAURIPUR, DIST-DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SAKAT ALI (INFORMANT) S/O LATE HAFIZ UDDIN R/O FALIMARI PART-II P.O.-FOLIMARI PART-II P.S.-GAURIPUR DIST- DHUBRI ASSAM PIN-78332 Advocate for the Petitioner : MR. R ISLAM, MR G U AHMED Advocate for the Respondent : PP, ASSAM, MR. D GOGOI, Amicus Curiae (R-2) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI