Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010004572025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./38/2025 AJIJUL HOQUE SON OF AYNAL HOQUE, RESIDENT OF VILLAGE-SOULMARI PT-I, P.S.
DHUBRI, DIST.- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P., ASSAM 2:ABDUL JALIL SK S/O- LATE GHERGHERU SK VILL- SOULMARI PT-II P.O.- KACHARIHAT P.S. AND DIST.- DHUBRI ASSAM PIN- 78333 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, MR. S U AHMED (R2)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.02.2025
Heard Mr. S. Islam, the learned counsel appearing for the petitioner. Also heard
Page No.# 2/2 Mr. R.R. Kaushik, the learned Additional Public Prosecutor for the State of Assam and Mr. S.U.Ahmed, the learned counsel appearing for the respondent No.2.
2. This is an application under Section 482 of the BNSS, 2023 in respect of Special Case No. 325/2024 pending in the court of the learned Additional Sessions Judge- cum- Special Judge (POCSO), Dhubri.
3. The petitioner has been shown as an absconder in the charge-sheet.
4. Therefore the petitioner has the apprehension that if he appears before the trial court, he will be remanded to custody.
5. The petitioner is interested in facing the trial.
6. The learned counsel for the respondent No. 2 has submitted that the respondent No. 2 has no objection if the petitioner is allowed to contest the trial in the trial court.
7. I have considered the submissions made by the learned counsel of both sides.
8. Since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect.
9. Therefore, the petitioner is directed to appear before the trial court on or before
19.04.2025. On his appearance before the trial court in respect of Special Case No. 325/2024, the petitioner Ajijul Hoque shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Dhubri. With the aforesaid direction, the criminal petition stands disposed of. JUDGE Comparing Assistant