Kamal Kalita vs The State Of Assam And Anr on 21 January, 2025

Gauhati High Court

Kamal Kalita vs The State Of Assam And Anr on 21 January, 2025

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GAHC010010142025




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

                                Case No. : Bail Appln./119/2025

             KAMAL KALITA
             S/O TARANI KALITA
             R/O MAJDIA
             P.S. NALBARI
             DIST. NALBARI, ASSAM

             VERSUS

             THE STATE OF ASSAM AND ANR
             REP BY THE PP, ASSAM

             2:RUMI KALITA
              W/O SRI HEMANTA KALITA
             R/O KARIA
             P.S. NALBARI
             DIST. NALBARI
             ASSAM
             PIN-781339

Advocate for the Petitioner   : MR S M ABDULLAH P, MD IMRAN,MR. S RAHMAN

Advocate for the Respondent : PP, ASSAM,




                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

21.01.2025

Heard Mr. S.M. Abdullah P, learned counsel for the accused and also heard Mr. K.K.
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Parasar, learned Additional Public Prosecutor, Assam, appearing for the State respondent
No.1.

This application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, is preferred by the accused, namely, Kamal Kalita, who has been
languishing in jail hazot since 04.12.2024, in connection with Nalbari P.S. Case
No.430/2024 under Section 75/62 of the Bharatiya Nyaya Sanhita (BNS), 2023, read with
Section 10/12 of the POCSO Act, 2012, for grant of bail.

Since the case has been registered under the provision of POCSO Act, let notice be
issued to the respondent No.2 by registered post with A/D and also by usual process and
also through the Registry of this Court within a period of two working days, returnable on
30.01.2025.

In the meantime, the learned Additional P.P. shall produce the case diary along with
the statement of the victim girl recorded under Section 183 of the BNSS and the medical
report of the victim girl.

Sd/- Robin Phukan
JUDGE

Comparing Assistant