Ramjan Ali v. The State of Assam and Anr

ORDER Date : 31.05.2024

Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. R.J. Page No.# 2/3 Baruah, learned Additional Public Prosecutor for the State and Mr. A. Rahman, learned counsel for the respondent No. 2.

¶2This is the third bail application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Ramjan Ali, who is apprehending arrest in connection with Special (P) Case No. 134(BGN)/2023 (arising out of Bongaigaon P.S. Case No. 23/2020) under Section 366(A) IPC added Section 6 of POCSO Act, pending in the court of learned Speical Judge, Bongaigaon.

¶3It is submitted by the learned counsel for the petitioner that after filing of the charge-sheet, the matter has been amicably settled between the parties as such, the petitioner did not appear before the learned trial court. Though summons were issued against him and subsequently W/A was also issued against him. Considering the background of the case and the nature of the offence, benefit of pre-arrest bail may be extended to the petitioner.

¶4On the other hand, Mr. Baruah, learned Additional Public Prosecutor for the State has submitted that the petitioner was shown as absconder in the charge-sheet. However, he may appear before the learned trial court seeking regular bail.

¶5Mr. Rahman, learned counsel for the respondent No. 2 also stated in the same tune as submitted by the learned Additional Public Prosecutor.

¶6I have considered the submissions made by the learned counsel for the parties. I have also perused the trial court record. Page No.# 3/3

¶7It appears from the record that charge-sheet has been submitted against the petitioner under Section 366-A IPC r/w Section 6 of POCSO Act wherein the compromise agreement is not tenable.

¶8In view of above, this Court is of the view that this is not a fit case to grant the privilege of pre-arrest bail to the petitioner. Therefore, the benefit of pre-arrest bail may not be considered to the petitioner and prayer is rejected accordingly. It is directed to the petitioner to surrender before the learned trial court and in the event of filing of 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 GAHC010091372024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1197/2024 RAMJAN ALI S/O MD. AMZAD ALI, VILL- SISHUBARI, P.S.-AMGURI, DIST-CHIRANG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:MERI RABHA W/O LATE SULI RABHA R/O OUGURI P.S.-AMGURI DIST- CHIRANG ASSA Advocate for the Petitioner : MR. M KHAN Advocate for the Respondent : PP, ASSAM (R1) BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI