ABDUL SATTAR v. THE STATE OF ASSAM
Court: Gauhati High Court
Bench: HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN
Judgment date:
Case summary
Gauhati High Court judgment dated 2020-01-30. ABDUL SATTAR v. THE STATE OF ASSAM. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/2 GAHC010314562019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB 4572/2019 1:ABDUL SATTAR S/O LATE KHOBIR UDDIN, VILL-BAKUABHANGI, P. S. -BILASIPARA, DIST- DHUBRI, ASSAM VERSUS 1:THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J RAHMAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MRS. JUSTICE RUMI KUMARI PHUKAN ORDER Date : 30-01-2020 This is an application under Section 438 CrPC filed by the petitioner, namely, Abdul Sattar, praying for grant of pre-arrest bail in connection with Bilasipara Police Station Case No. 912/2019, registered under Section 448/354/307 of the IPC read with Section 8 of the POCSO Act. Heard Mr. M. Khan, learned counsel for the petitioner. Also heard Mr. N. K. Kalita, learned Additional Public Prosecutor, Assam.
Perused the materials on record including the Case Diary as well as the statement of the victim girl produced by the learned Additional Public Prosecutor, Assam. Page No. # 2/2 Perusal of the statement of the victim girl reveals that the accused-petitioner, who is aged about 53 years, had committed sexual assault upon the minor victim girl, who is about 12 years of age. In view of the fact that there is sufficient evidence in support of the allegations made against the accused-petitioner, this Court is of the opinion that the petitioner is not entitled to be granted the privilege of pre-arrest bail. Accordingly, the petitioner’s prayer for pre-arrest bail is rejected and the Anticipatory Bail Application is dismissed. Let the Case Diary be returned to the learned Additional Public Prosecutor. JUDGE Comparing Assistant
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