Tipu Kharai @ Sat Kharai @ Satsing Kharai @ Satra Sing Khorai v. State of Assam and Anr

ORDER Date : 30.09.2024 Heard Mr. S. Borthakur, learned counsel appearing for the petitioner and Ms. S. Page No.# 2/2 H. Bora, learned Additional Public Prosecutor for the state of Assam/respondent No.1.

¶2This is an application under Section 528 of the BNSS, 2023 challenging the orders directing issue of non-bailable warrant of arrest by the learned Additional Sessions Judge –cum-Special Judge, POCSO, Morigaon in respect of POCSO Case No. 48/2022 arising out of Jagiroad P.S. Case No. 79/2020.

¶3The petitioner has been shown as an absconder in the charge-sheet. He now apprehends that if he appears before the trial court, he will be remanded to custody. The petitioner wants to face the trial.

¶4I have gone through the statement of the victim girl recorded under Section 164 of the Cr.P.C.

¶5I have considered the submission made by the learned counsels of both sides.

¶6The prayer of the petitioner is allowed.

¶7The orders directing issue of non-bailable warrant of arrest against the petitioner are set aside. It is also directed that the petitioner shall appear before the trial court on 29th of October, 2024.

¶8On his appearance before the trial court, the petitioner, Tipu Kharai @ Sat Kharai @ Satsing Kharai @ Satra Sing Khorai shall be released on bail of Rs. 25,000/- to the satisfaction of the Special Judge, POCSO, Morigaon.

¶9The criminal petition stands disposed of accordingly.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010202812024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1212/2024 TIPU KHARAI @ SAT KHARAI @ SATSING KHARAI @ SATRA SING KHORAI S/O LATE MOHAN KHARAI R/O VILL- RONGKHAISA P.S. BAITHALANGSU DIST. KARBI ANGLONG, ASSAM VERSUS STATE OF ASSAM AND ANR REPRESENTED BY THE LEARNED PP, ASSAM 2:MISS. JARINA KHATUN W/O MD. ABDUL KHALEK R/O VILL- NELLIE BORPAYOK P.S. JAGIROAD DIST. MORIGAON ASSA Advocate for the Petitioner : MR S BORTHAKUR, MR P H KONWAR,MR K M BORA Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA