THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM & Anr.
Case at a glance
Outcome
Disposed of
This anticipatory bail application is disposed of with an
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 482
- Protection of Children from Sexual Offences Act, 2012 ss. 4, 12
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 351(2)
Key paragraphs
- Para 77. This anticipatory bail application is disposed of with an observation that the petitioner may appear before the Trial Court on the next date fixed or on receiving of the summons from the said Court and may file an application for regular bail before the…
Judgment
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2280/2025 SORFOT ALI BEING REPRESENTED BY HIS FATHER NAMELY MD. MONAHAR ALI, R/O VILL.PUB BHIR, PANI BHARAL, P.O. AND P.S.BISWANATH CHARIALI, DIST. BISWANATH, PIN 784176, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP ASSAM 2:ISRAFIL ALI C/O MD. MAHAMMAD ALI VILL. PUB BHIR P.O. P.S. BISWANATH CHARIALI DIST. BISWANATH ASSAM PIN 78417 Advocate for the Petitioner : MR P NEOG, Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
17.09.2025 ORDER
Heard Mr. P. Neog, the learned counsel for the petitioner. Also heard Mr. K.K. Parasar, the learned Additional Public Prosecutor appearing for the State of Assam.
This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Md. Sorfot Ali, who is apprehending his arrest in connection with Special (POCSO) Case No. 10/2025.
The learned counsel for the petitioner has submitted that in the aforesaid case, charge sheet has been laid under Sections 351(2)/3(5) of BNS, 2023 read with Sections 4/12 of the POCSO Act, 2012.
He submits that the name of the petitioner has been shown as an absconder in the charge sheet and therefore, he has submitted that the petitioner has not yet received summons from the Trial Court. However, he also claims that the petitioner is a juvenile.
In this case though the petitioner has been shown as an absconder in the charge sheet, however, the Court before which Special (POCSO) Case No. 10/2025 is pending in the Court of the learned Sessions Judge-cum-Special Judge and which is competent to grant bail to the petitioner on his appearance before the said Court. Moreover, the petitioner may also take the plea of juvenility on his appearance before Page No.# 3/3 the said Court and the Trial Court would be duty bound to consider the plea of juvenility raised by him.
Under such circumstances, this Court is of the considered opinion that presently there is no apprehension of getting the petitioner arrested in connection with the aforesaid case.
Operative part
This anticipatory bail application is disposed of with an observation that the petitioner may appear before the Trial Court on the next date fixed or on receiving of the summons from the said Court and may file an application for regular bail before the said Court, if so advised. The petitioner may also take the plea of juvenility before the said Court. JUDGE Comparing Assistant
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This anticipatory bail application is disposed of with an
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482; Protection of Children from Sexual Offences Act, 2012 — ss. 4, 12; Bharatiya Nyaya Sanhita, 2023 — ss. 3(5), 351(2).
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.