Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010123062025
2025:GAU-AS:7697
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1319/2025 MD. NUR MAHAMMAD S/O- LATE MOFIJ UDDIN, R/O- VILLAGE- BAHBERA, P.S. AND P.O.- MISSAMARI, DIST.-SONITPUR, ASSAM, PIN-784506. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MOJUM RIBA S/O-GOMO RIBA
R/O- VILLAGE- MAZBAT LAMABARI P.S.- MAZBAT DIST.-UDALGURI ASSAM
PIN-784507 Advocate for the Petitioner : MR P BHARDWAJ, MR. D. BORAH Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 12.06.2025
1. Heard Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special (POCSO) Case No.51/2025, arising out of Missamari P. S. Case No.119/2024. 3. The petitioner has been shown as an absconder in the Charge-Sheet, he now wants to appear before the Trial Court to contest the case. The petitioner apprehends that since he has shown as an absconder in the Charge-Sheet, he will be remanded to custody. He also submits that he may be given adequate opportunity to that effect. 4. Mr. Das, learned Additional Public Prosecutor has objected this this bail application on the ground that the offence is of POCSO as well as Immoral Traffic (Prevention) Act, 1956. 5. I have considered the submission made by learned counsel for both the sides. 6. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect for the ends of justice. 7. Therefore, the bail application of the petitioner is allowed. 8. It is hereby directed that the petitioner Md. Nur Mahammad shall appear
Page No.# 3/3 before the learned Special Judge, POCSO, Sonitpur at Tezpur in respect Special (POCSO) Case No.51/2025, within next 10(ten) days from today. 9. On his appearance, the petitioner, Md. Nur Mahammad shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Sonitpur at Tezpur, Assam. 10.
The petitioner shall regularly appear before the Trial Court on each and every date of hearing, if he fails to appear before the Trial court without showing satisfactory reasons, the Court shall have to liberty to procure his attendance in accordance with the procedure as laid down by law. 11. The bail application stands disposed of. JUDGE Comparing Assistant