Ajay Kumar Paul v. The State of Assam

ORDER

29.01.2024

Heard Mr. T.N. Das, learned counsel for the accused and Mr. B. Sarma, Page No.# 2/2 learned Additional Public Prosecutor for the State respondent.

¶2This application under Section 439 of the Code of Criminal Procedure, 1973, is preferred by accused namely, Shri Ajay Kumar Paul, who has been languishing in jail hazot, in connection with the All Women P.S. Case No. 57/2023, under Section 498[A] of the IPC read with section 10 of the POCSO Act, for granting bail.

¶3Mr. Das, learned counsel for the accused submits that he has taken step upon the respondent No. 2, through the Registry of this Court and the Registry has sent the same by speed post to the respondent No. 2, but, no report has been received till date.

¶4On the other hand, Mr. Sarma, learned Additional Public Prosecutor submits that he has the instruction that the I.O. has already completed investigation and laid Charge-Sheet against the accused, under Section 498[A] of the IPC read with section 10 of the POCSO Act, vide Charge-Sheet No. 55/2023, dated 27.12.2023.

¶4In view of above, this bail application stands disposed of by directing the accused to approach the learned court below, by filing appropriate application and in event of filing such an application, the learned Court below shall dispose of the same in accordance with law, especially considering the requirement of keeping the person behind the bar, in the interest of investigation.

JUDGE Comparing Assistant

Page No.# 1/2 GAHC010287352023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4595/2023 AJAY KUMAR PAUL R/O NARENGI, BONDA COLONY CHANDRAPUR ROAD, NEAR SYNDICATE BANK, GUWAHATI, DIST.KAMRUP (M), ASSAM PIN- 781026 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM 2:SMT. BHARGAVI PAUL R/O NARENGI BONDA COLONY CHANDRAPUR ROAD NEAR SYNDICATE BANK GUWAHATI DIST. KAMRUP (M) ASSAM PIN-78102 Advocate for the Petitioner : MR. T N DAS Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN