Md. Musharaf Ali v. The State of Assam and Anr

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10.06.2024 Page No.# 2/2 Heard Mr. G Bordoloi, learned counsel for the petitioner. Also heard Mr. KK Parasar, learned Additional Public Prosecutor, Assam and Ms. B Choudhury, learned counsel for the respondent No. 2. The present application is filed under Section 439 Cr.P.C. seeking bail by the petitioner, namely, Md. Musharaf Ali, who is in custody since 15.10.2023 and facing trial in connection with POCSO Case No. 124/2023 pending before the learned Special Judge (POCSO), Tinsukia arising out of Sadiya PS case No. 173/2023. Scanned copy of the record of the aforesaid case along with the statement of witnesses were called for. Same has been received. Perused the same. Also perused the statement of the victim recorded under Section 164 Cr.P.C. Record of the learned trial court reflects that the victim is not yet examined. Also perused the birth certificate of the victim as well as her 164 statement. In her statement recorded under Section 164 Cr.P.C., she has specifically implicated the present accused. Therefore, at this stage more particularly considering the fact that the victim is not yet examined by the learned trial court, this court is not inclined to accede to the prayer of the petitioner. Accordingly, bail application stands dismissed.

JUDGE Comparing Assistant