Ram Sogarath Nayak v. State of Assam and Anr

ORDER Date : 19.07.2024

Heard Mr. Sk. S. N. Mohammad, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

This is an application under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail to the accused/ petitioner, who has been arrested in connection with Noonmati P.S. Case No. 112/2024, under Sections 325/354/506/34 of the Indian Penal Code read with Section 12 of the POCSO Act.

The case was fixed today for production of the Case Diary; however, Mr. Sharma, learned Additional Public Prosecutor, has submitted that the I.O. has already laid charge-sheet, vide Charge-Sheet No. 70/2024, dated 25.05.2024.

In this regard, Mr. Mohammad, learned counsel for the petitioner, has submitted that the accused/petitioner is a 65 year old man and he is behind the bar for last 56 days and hence, considering his length of detention and also considering his old age, he may be enlarged on bail.

Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been charge-sheet, vide Charge-Page No.# 3/3 Sheet No. 70/2024, dated 25.05.2024, I do not find it appropriate to pass any order on bail. However, the accused/petitioner is hereby directed to approach the learned Court below with an appropriate application for bail, which shall be considered in accordance with law.

In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010111312024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./1645/2024o RAMoSOGARATHoNAYAKo S/OoRAMoRUCHoNAYAK,oR/OoPANIoPATH,oGEETANAGAR,oNEARoGATEo HOSPITA,oP.S.-NOONMATI,oDIST-KAMRUPo(M),oASSAM VERSUSo STATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:DHIRENDRAoKUMAR oS/OoLT.oDINESHoJHA oR/OoPANIPAT oGEETANAGAR oP.S.-NOONMATI oDIST-KAMRUPo(M) oASSAo AdvocateoforotheoPetitionerooooo:oMR.oSKoNoMOHAMMADo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA