Md. Kausa Ali @ Kawsar Hussain v. The State of Assam and Anr

ORDER Date : 29.07.2024

Heard Mr. S. Nawaz, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3

¶2This is the third bail application filed under Section 438 Cr.P.C., praying for pre-arrest bail by the petitioner, namely, Md. Kausa Ali @ Kawsar Hussain, who is apprehending arrest in connection with Special (P) Case No. 38/2024(arising out of Rupahihat P.S. Case No. 408/2023) under Section 342/354-A/34 IPC, 1860 r/w Section 8 of POCSO Act, pending in the court of learned Addl. Sessions Judge cum Special Judge, POCSO, Nagaon.

¶3It is submitted by the learned counsel for the petitioner that charge-sheet has been submitted against the petitioner wherein the petitioner has been shown as absconder. The learned counsel for the petitioner further submits that as it is a POCSO case, there is an apprehension that if the petitioner appears before the trial court, he may be sent to jail. Considering the background of the case and the nature of the offence, the petitioner may be allowed to appear before the trial with some protection.

¶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.

¶5I have considered the submissions made by the learned counsel for the parties. I have also perused the trial court record.

¶6It appears from the record that charge-sheet has been submitted against the petitioner under Section 342/354(A)/34 of IPC r/w Section 8 of POCSO Act.

¶7In view of above, it is directed to the petitioner to surrender before the Page No.# 3/3 learned trial court and in the event of filing any bail application, the learned trial court will consider the matter in accordance with law.

¶8The pre-arrest bail application stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010111382024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1452/2024 MD. KAUSA ALI @ KAWSAR HUSSAIN S/O MD. MUBARAK ALI, R/O VILL- UTTAR KHATOWAL, P.S.-RUPAHIHAT, DIST-NAGAON (ASSAM) VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:AJIDA KHATUN W/O NURUL ISLAM R/O VILL- UTTAR KHATOWAL P.S.-RUPAHIHAT DIST-NAGAON ASSA Advocate for the Petitioner : MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI