Golap Chandra Dutta vs The State Of Assam And Anr on 21 January, 2025

Gauhati High Court

Golap Chandra Dutta vs The State Of Assam And Anr on 21 January, 2025

                                                                            Page No.# 1/2

GAHC010004312025




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

                                  Case No. : AB/107/2025

             GOLAP CHANDRA DUTTA
             S/O LATE GANGADHAR DUTTA,
             PERMANENT RESIDENT OF SHIVANAGAR NEAR SHIV MANDIR,
             AMOLAPATTY,
             P.S. NAGAON SADAR, DIST. NAGAON, ASSAM, PIN-782003

             VERSUS

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

             2:RESIM ALI
              SON OF MD. SIRAJ ALI
             R/O BORIGAON, UNDER MORIGAON
              P.S. IN THE DISTRICT- NAGAON
             ASSAM, PIN- 78200

Advocate for the Petitioner   : MR. A K BHATTACHARYYA, MR D K BHATTACHARYYA,MS R
B DEB

Advocate for the Respondent : PP, ASSAM,


                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

21.01.2025

Heard Mr. A.K. Bhattacharyya, learned Senior counsel assisted by Mr. D.K.
Bhattacharyya, learned counsel for the applicant and also heard Mr. K.K. Parasar, learned
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Additional Public Prosecutor, Assam, appearing for the State respondent No.1.

This application under Section 432 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023, is preferred by applicant, namely, Dr. Golap Chandra Dutta, who has been
apprehending arrest in connection with Nagaon P.S. Case No.1141/2024 under Section
61(2)/65/90/105/106/238 of the BNS, read with Section 6/21 of the POCSO Act, 2012, for
grant of pre-arrest bail.

Since the case has been registered under Section 6 of the 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
29.01.2025.

In the meantime, learned Additional P.P. shall produce the case diary along with
medical report as well as postmortem report of the victim, on the returnable date.

Mr. Bhattacharyya, learned Senior counsel for the applicant submits that the
applicant is a Doctor of 75 years old and there is no allegation under the POCSO Act
against the applicant and that he had shifted the victim girl to the Nursing Home for
better treatment and nothing has been done in his chamber and therefore, it is contended
to extend the privilege of interim pre-arrest bail to the present applicant till receipt of the
case diary.

The submission of Mr. Bhattacharyya, learned Senior counsel for the applicant
received due consideration of this Court. However, in view of the allegation made against
the applicant in the FIR and also considering the order dated 04.01.2025 in BA Case
No.1905/2024 passed by the learned Special Judge (POSCO), Nagaon, this Court is not
inclined to grant any interim relief to the applicant at this stage.

Sd/- Robin Phukan
JUDGE

Comparing Assistant