Saddam Ali @ Saddam Hussain v. The State of Assam and Anr

ORDER

28.11.2024

¶1Heard Mr. S.H. Sikdar, learned counsel for the petitioner. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam.

¶2This application under Section 482 of the BNSS, 2023 has been filed by the petitioner, namely, Saddam Ali @ Saddam Hussain, who is apprehending his arrest in connection with Special POCSO Case No. 113/2024 under Section 376 of the Indian Penal Code, read with Section 6 of the POCSO Act.

¶3The learned counsel for the petitioner has submitted that the petitioner has been shown as an absconder in the charge-sheet laid in the aforesaid case and he has received summons from the Trial Court. However, it is submitted that as the petitioner has been shown as an absconder, he is apprehending that on his appearance before the Trial Court, he may be detained and send to custody.

¶4I have considered the submissions made by the learned counsel for the petitioner as well as learned Additional Public Prosecutor. This case does not appear to be a case where any apprehension of arrest exists as the Trial Court has only issued summons to the present petitioner at present.

¶5The apprehension of the petitioner that he may not be granted Page No.# 3/3 bail by the Trial Court on his appearance appears to be premature at this stage, as the Trial Court has issued only summons to the present petitioner.

¶6This Court does not find any merit in this instant anticipatory bail application. The petitioner is hereby directed to appear before the Trial Court, in pursuant to the summons issued by the said Court. He may pray for bail on his appearance before the Trial Court, which may be considered by the Trial Court as per law.

¶7With the above observations, this anticipatory bail application is hereby disposed of.

¶8Send back the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010194402024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/2512/2024o SADDAMoALIo@oSADDAMoHUSSAINo S/OoJULHASoALIo R/OoBHALUKMARIo MOUZA-oBETBARI,oP.S.oBARPETA,o DIST.oBARPETA,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANR.o REPRESENTEDoBYoTHEoPP,oASSAM 2:JOYNALoABEDIN oS/OoLATEoABDULoRAHIMo R/OoBHALUKMARIo MOUZA-oBETBARI oP.S.oBARPETA o DIST.oBARPETA oASSAM oPIN-78135o AdvocateoforotheoPetitionerooooo:oMRoSoHoSIKDAR,oMDoIMRANo AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA