Azizul Hoque v. The State of Assam and Anr

ORDER Date : 27.06.2024

Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor appearing on behalf of the State respondent. This is an application under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioner in connection with Dhubri P.S. Case No. 14/2024 (G.R. Case No.54/2024) alleging an offence under Section 376(3) of the Indian Penal Code read with Section 6 of the POCSO Act, 2012. 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.124/2024, dated 30.03.2024. In this regard, Mr. Alom, learned counsel for the petitioner submits that they want to move an application for regular bail before the learned Trial Court and that the petitioner will appear before the learned Court below and will 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.124/2024 dated 30.03.2024, it is provided that the petitioner shall Page No.# 3/3 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 anticipatory bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010065702024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/834/2024o AZIZULoHOQUEo S/OoABDULoRAHMAN,oR/OoVILL-BORBHILAoPART-Io(GHILARPAR),oP.S- DHUBRI,oP.O.-HAWRARPAR,oDIST-DHUBRI,oASSAM,oPIN-783324 VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:SMTIoSALMAoBIBI oW/OoABDULoKASHEM oR/OoVILL-oBORBHILAoPART-I oP.S.-DHUBRI oP.O.-HAWRARPAR oDIST-oDHUBRI oASSAM oPIN-78332o AdvocateoforotheoPetitionerooooo:oMD.oSoALOMo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA