Jahangir Alom @ Ali v. The State of Assam and Anr

ORDER

04.11.2024

Heard Mr. P. J. Saikia, learned senior counsel assisted by Mr. A. Ali, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for respondent No.1 and Mr. I. Hoque, learned Page No.# 2/3 counsel appearing for respondent No.2. By this petition filed under Section 482 of BNSS, the petitioner, namely, Jahangir Alom @ Ali, has prayed for granting pre-arrest bail, apprehending his arrest in connection with Sessions Special Case No. 37/2024 under Sections 366/43/506 of the BNS read with Section 4 of POCSO Act. Learned counsel for the petitioner submits that the petitioner is the accused No.1 in the FIR and bail was granted to accused Nos. 3, 4, 5 and 6 and in respect of accused No.2, this Court passed an order on 22.07.2024 that the petitioner to appear before the trial court within 10 days and the learned counsel for the petitioner prays to pass the similar order in respect of respondent No.1 also. On the other hand, Mr. D. P. Goswami, learned Additional Public Prosecutor appearing for respondent No.1 and Mr. I. Hoque, learned counsel appearing on behalf of respondent No.2 submits that the petitioner may appear before the trial court seeking regular bail but no protection may be granted to the petitioner. I have heard the learned counsel for both the parties also perused the record. On perusal of the case record, it appears that the petitioner is shown as absconder in the charge-sheet and charge-sheet was submitted against the present petitioner under Section 4 of POCSO Act along with other Sections of law. Accordingly, the petitioner is directed to appear before the trial court Page No.# 3/3 and in the event of filing of any bail application, the trial court will consider the matter in accordance with law. This disposes off the anticipatory bail application.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010203482024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2637/2024 JAHANGIR ALOM @ ALI S/O AMBER ALI R/O VILL- BAITHABHANGA P.O. DAGAPARA, P.S. MUKALMUA DIST. NALBARI, ASSAM PIN-781126 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:ANOWAR HUSSAIN BARPETA ASSA Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR. R ISLAM,MR. A ALI,MR S ISLAM,MR. Y ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI