Jalaluddin Ahmed v. The State of Assam and Anr

ORDER

27.05.2024

Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Mr. K. K. Parashar, Page No.# 2/2 learned Additional Public Prosecutor for the State and the learned counsel for the respondent No. 2. This is an application made under Section 439 Cr. P.C. seeking bail by the accused/petitioner, namely, Jalaluddin Ahmed who was arrested on 12.09.2023 in connection with Special POCSO Case No. 78/2023 under Section 377 of IPC read with Section 6 & 10 of POCSO Act arising out of Sivasagar P.S. Case No. 147/2023. Perused the scanned copies of the record of the aforesaid proceeding. Also perused the statement of the witnesses so far recorded including the statement of the minor victims. Out of 10 witnesses, 5 witnesses have already been examined. Considering the materials available on record including the deposition of the victim, this Court is of the view that this application deserved to be dismissed. Accordingly, same stands dismissed. It is expected that as only 5 (five) official witnesses are remain to be examined, learned Court below shall complete the trial as expeditiously as possible subject to day to day business. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010076812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1149/2024 JALALUDDIN AHMED S/O-JAHIR UDDIN AHMED, R/O- AMGURI GAON, P.O- METEKA, P.S- SIVASAGAR, DISTRICT- SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:ABIDUR RAHMAN BORAH S/O- ASSABUDDIN BORAH R/O- WARD NO. 4 RANGHAR CHARIALI A.T. ROAD DIST -SIVASAGAR ASSAM PIN-78564 Advocate for the Petitioner : MR. M HUSSAIN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY