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2025 DAILYLAW 11019 (GAU)

HAZRAT ALI v. THE STATE OF ASSAM AND ANR.

Crl.Pet./456/2025 · 2025-04-29

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010081972025 2025:GAU-AS:5254 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./456/2025 HAZRAT ALI S/O ABDUL SAMAD VILL-BAGUDI P.S. BARPETA, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:HELMINA AHMED D/O HAZRAT ALI VILL- KATHALBURI P.O. BAGUDI P.S. AND DIST. BARPETA ASSAM PIN-78131 Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 30.04.2025 Heard Mr. R. Ali, learned counsel appearing for the petitioner and Mr. K. Baishya, learned Additional Public Prosecutor for the State of Assam. 2) This application has been filed under Section 528 of the BNSS, 2023 in respect of Special POCSO Case No. 51/2024 pending in the Court of the learned Additional Sessions Judge cum Special Judge (POCSO), Barpeta. 3) The petitioner has been shown as an absconder in the charge sheet alleging commission of offence under Section 6 of the POCSO Act, 2012. 4) The petitioner apprehends that since he has been shown as an absconder in the charge sheet, he shall be remanded to custody by the learned Trial Court. 5) The petitioner submits that he is interested in facing the trial and therefore, he should be given adequate opportunity to that effect. 6) I have considered the submission of the learned counsel for both the parties. 7) Since the petitioner is interested in facing the trial, he should be given one opportunity to that effect. 8) Therefore, it is hereby directed that the petitioner Hazrat Ali shall appear before the learned Additional Sessions Judge cum Special Judge (POCSO), Barpeta in respect of Special POCSO Case No. 51/2024 on 09.05.2025. 9) On his appearance, he shall be released on bail of Rs. 25,000/- with a surety of the like amount, to the satisfaction of the learned Additional Sessions Judge cum Special Judge Page No.# 3/3 (POCSO), Barpeta. 10) With the aforesaid direction, this criminal petition is disposed of. JUDGE Comparing Assistant