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2025 DAILYLAW 21199 (GAU)

NABAJYOTI THAKURIA AND ANR v. THE STATE OF ASSAM AND ANR

Bail Appln./3636/2024 · 2025-01-06

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010252722024 2025:GAU-AS:195 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3636/2024 NABAJYOTI THAKURIA AND ANR S/O BRAJEN THAKURIA R/O VILL- DHOBARGAON P.S. CHHAYGAON, DIST. KAMRUP, ASSAM MOBILE NO. 6002353215 PIN-781124 2: HIRAK THAKURIA S/O MUNINDRA THAKURIA R/O VILL- DHOBARGAON P.S. CHHAYGAON DIST. KAMRUP ASSAM MOBILE NO. 6002353215 PIN-78112 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:PRIYA DUTTA WSI (P) CHHAYGOAN P.S. R/O CHHAYGAON P.S. CHHAYGAON DIST. KAMRUP ASSAM PIN-78112 Advocate for the Petitioner : MR A K AHMED, MS P KAKATI Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 07.01.2025 Heard Mr. A. K. Ahmed, learned counsel for the petitioners. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 praying for grant of bail to the accused/petitioners, who have been languishing in jail hazot in connection with Chhayagaon P.S. Case No.357/2024 registered under Section 96/75(1)(i)/3(5) of the BNS, read with Section 8/12 of the POCSO Act, 2012. Mr. Baruah, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 299/2024, dated 30.11.2024. In this context, Mr. Ahmed, learned counsel for the petitioners, submits that the present petitioners are behind the bar since 14.10.2024 and hence he prays to grant bail to the petitioners considering their length of detention. Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheeted, vide Charge- Sheet No. 299/2024, dated 30.11.2024, it is provided that the petitioners shall file a petition for grant of regular bail before the learned Court below, and the said Court shall consider the same in accordance with law. Page No.# 3/3 In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant