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Azim Uddin vs The State Of Assam on 29 May, 2019

Page No.# 1/2

GAHC010113752019

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Bail Appln. 1321/2019

1:AZIM UDDIN
S/O ABDUL SUKKUR, R/O VILL-PAHARTHOL, P.S.- RATABARI, DIST-
KARIMGANJ, ASSAM

VERSUS

1:THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

Advocate for the Petitioner : MR. S C BISWAS

Advocate for the Respondent : PP, ASSAM

BEFORE
HONOURABLE MR. JUSTICE MIR ALFAZ ALI

ORDER

Date : 29-05-2019

Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. N.J. Dutta, learned
Addl. Public Prosecutor for the State. Also perused the FIR and the documents annexed
therewith.

This is an application u/s 439 SectionCr.P.C. praying for bail of the petitioner, namely, Azim
Uddin, who has been in detention in connection with Special Sessions Case No.17/2018 under
Sectionsections 354(D) (1) of the SectionIPC read with section 4 of the POCSO Act.

It is submitted by Mr. Biswas, learned counsel for the petitioner that there was no
ingredient of offence under section 4 of the POCSO Act. At best, it was an offence under
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Sectionsection 354 IPC and section 8 of the POCSO Act. It is further submitted that although charge-
sheet has been filed, the petitioner has been in custody for last one year and the trial has not
yet been completed.

Having considered the length of detention and the nature of allegation, this Court is of
the view, that custodial detention of the petitioner at this stage may not be necessary.
Accordingly, the petitioner above-named is allowed to be enlarged on bail of Rs. 20,000/-
with a suitable surety of like amount to the satisfaction of the learned trial Judge.

Bail application stands disposed of.

JUDGE

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