✦ Gauhati High Court

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM

Ab No. 2698 of 2023DEVASHIS BARUAH

Case at a glance

Outcome

Disposed of

Accordingly, the instant pre-arrest bail application stands disposed of

Key paragraphs

  • Para 77. Accordingly, the instant pre-arrest bail application stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant

Judgment

For the petitioner (s) : Mr. N. Hassan, Advocate For the respondent (s) : Mr. D. Das, Addl. P.P., Assam BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH Page No.# 2/3

22.12.2023 This is an application under Section 438 of the Cr.P.C. filed by the applicant, namely, Rakibul Islam for grant of pre-arrest bail in respect to Laluk P.S. Case No.122/2023, registered under Sections 4/12 of the POCSO Act read with Section 67(A) of the IT Act.

2.

This Court vide an order dated 20.12.2023 directed the Investigating Officer of Laluk Police Station in Laluk P.S. Case No.122/2023 to be present in the Court today.

3.

Mr. D. Das, the learned Additional Public Prosecutor has placed before this Court a WT Message to the effect that that the Investigating Officer of Laluk Police Station in Laluk P.S. Case No.122/2023 is suffering from cold, cough and loose motion, and as such, upon the advice of the doctor, he could not attend the Court today. To that effect, a medical certificate issued by the doctor of NHM has been produced.

4.

Be that as it may, it has also been mentioned that in respect to the Laluk P.S. Case No.122/2023, charge sheet vide charge sheet No.143/2023 was submitted on 30.09.2023 before the Special Judge, POCSO, Lakhimpur.

5.

Taking into account the above, this Court is not inclined to entertain the instant application for pre-arrest bail. However, the petitioner herein would be at liberty to approach the learned Court Below who shall consider the application of the petitioner in accordance with the provisions of law.

6.

The personal appearance of the Investigating Officer of Laluk Police Station, in view of the above facts, stands dispensed with.

Operative part

7.

Accordingly, the instant pre-arrest bail application stands disposed of. Page No.# 3/3 JUDGE Comparing Assistant

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the instant pre-arrest bail application stands disposed of

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973 — s. 438; Protection of Children from Sexual Offences Act, 2012 — ss. 4, 12.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Gauhati High Court or eCourts case status (search case no. Ab No. 2698 of 2023). ← Search more judgments