REJAOWL KARIM @ REJAUL KARIM v. THE STATE OF ASSAM AND ANR
WTREF/693/2025 · 2025-05-21
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9611 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9611 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010060652025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/693/2025 REJAOWL KARIM @ REJAUL KARIM S/O ABDUL SUKUR R/O UDALI BAZAR, KACHARI GAON P.S.LANKA DIST. HOJAI, ASSAM PIN-782446 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:NAZIM UDDIN S/O LT. SUJADUR RAHMAN R/O UDALI BAZAR
KACHARI GAON P.S.LANKA DIST. HOJAI ASSAM PIN-78244 Advocate for the Petitioner : MR. R C DAS, A JUBARIA,MR. H RAHMAN,MR S HUSSAIN Advocate for the Respondent : PP, ASSAM,
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 22.05.2025
1. Heard Mr. R.C. Das, the learned counsel for the petitioner. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor appearing for the State of Assam.
2. This application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita(BNSS), 2023 has been filed by the petitioner, namely, Rejaowl Karim@Rejaul Karim, who is apprehending his arrest in connection with Special POCSO(Hojai) P.S. Case No. 246/2023, under Section 376 of the Indian Penal Code, 1860 read with Sections 9/11 of the Prohibition of Child Marriage Act, 2006 read with Sections 4/17 of the POCSO Act, 2012.
3. The learned counsel for the petitioner has submitted that the petitioner has received summons from the Trial Court in respect of the aforesaid case from the Court of the learned Special Judge, Hojai and the next date of the case is fixed on 24.06.2025 and he is apprehending that on his appearance, he may not be granted bail by the Trial Court.
4. It appears from the submissions made by the learned counsel or the petitioner that the Trial Court, which is a Court of the Special Judge and which is empowered to consider the application for bail by the petitioner has only issued summons to him in Special POCSO (Hojai) P.S. Case No. 246/2023 and the next date is fixed on 24.06.2025.
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5. The apprehension of the petitioner that he may not get bail if he appears before the Trial Court does not have any legal basis. Hence, he is
directed to appear before the Trial Court, in pursuant to the summons received by him on the next date fixed and pray for regular bail before the said Court.
6. As there is no legal basis of the apprehension shown by the petitioner, this anticipatory bail application is dismissed.
JUDGE Comparing Assistant