THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM
Case at a glance
Outcome
Disposed of
Accordingly, the instant pre-arrest bail application stands disposed of
Provisions considered
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.
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.
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.
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.
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.
The personal appearance of the Investigating Officer of Laluk Police Station, in view of the above facts, stands dispensed with.
Operative part
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.