Amrit Ray v. The State of Assam and Anr

ORDER Date : 12.08.2024 Heard Mr. G. Chamuah, learned counsel for the petitioner. Also heard Mr. D. Das, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for setting aside and quashing the order dated 16.02.2024 passed by the learned Additional Sessions Judge cum Special Judge, POCSO, Dhubri in Special Case No. 161/2024.

¶3The petitioner was shown as absconder in a Charge-Sheet filed under the provisions of POCSO Act. The petitioner wants to face the trial, but he apprehends that whenever he will appear before the Court, he will be remanded to custody because he was shown as an absconder in the Charge-Sheet.

¶4I have considered the submissions made by the learned counsel for both the sides, since the petitioner wants to face the trial, his prayer is allowed. The impugned order dated

16.02.2024 passed by the learned Additional Sessions Judge cum Special Judge, POCSO, Dhubri in Special Case No. 161/2024 is set aside.

¶5It is hereby directed that on his appearance before the Trial Court, he shall be released on bail of Rs.25,000/- with one surety of like amount with the satisfaction of the Trial Court.

¶6With the aforesaid direction the Criminal Petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/2 GAHC010159242024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./957/2024o AMRIToRAYo S/OoDHANANJAYoRAYo R/OoDEBOTTARoRAIPUR,o P.O.oGERAMARI,P.S.oGAURIPUR,o DIST.oDHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REP.oBYoTHEoPP,oASSAM 2:SUSHITRAoBALAoRAY oW/OoBEDALAoRAYo R/OoDEBOTTARoRAIPUR o P.O.oGERAMARI o P.S.oGAURIPURo DIST.oDHUBRI oASSAo AdvocateoforotheoPetitionerooooo:oMR.oDoGOGOI,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA