Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010062742025
2025:GAU-AS:7182
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/679/2025 SUBASH SARMAH S/O SRI TEZ PRASAD SARMAH R/O VILL-GOMIRI NEPALI BASTI, P.O. GOMIRI,P.S.HELEM DIST. BISWANATH, PIN- 784172, ASSAM, PHONE NO. 9954059651 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MINA DEVI W/O LATE GOPAL SHARMA VILL- DEKA PATHAR P.S.GINGIA
DIST. BISWANATH ASSAM
PIN-784176 (BEING THE MOTHER OF THE MINOR GIRL) Advocate for the Petitioner : MR P NEOG, MS. D PATHAK Advocate for the Respondent : PP, ASSAM, MR. R DE (R-2)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA
Page No.# 2/3 ORDER Date : 03.06.2025 Heard Mr. P. Neog, learned counsel for the applicant and also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam respondent No.1 Mr. R. De, learned counsel appears for the respondent No.2.
2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for bail in respect of Spl (POCSO) Case No. 12/2025, pending in the Court of learned Special Judge, Biswanath Chariali.
3. The petitioner has been shown as an absconder in the charge-sheet. He, now wants to contest this case and prays for giving him adequate opportunity to that effect.
4. Mr. R. De, learned counsel appearing for the respondent No.2, has submitted that he has no objection if the prayer of the petitioner is allowed.
5. I have considered the submissions made by learned counsels of both sides.
6. Since, the accused/applicant is interested in facing the trial, he deserves to be given one opportunity to that effect.
7. Therefore, his application is allowed.
8. It is hereby directed that the petitioner Subash Sarmah shall appeared before the Court of the learned Special Judge, Biswanath Chariali, in respect of Spl (POCSO) Case No. 12/2025, within next 7 (seven) days from today. On his appearance, he shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Special Judge, Biswanath Chariali.
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9. The case diary shall be returned.
JUDGE Comparing Assistant