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2020 Supreme(Gau) 306

AJAI LAMBA
Ahammad Ali Mandal, Son of Late Abdur Rahman Mondal – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.B. Rahman, Advocate.
For the Respondent: Mr. N.J. Dutta, Mr. H.R.A. Choudhury, Adv

JUDGMENT :

The Court proceedings have been conducted through Video-Conference.

2. I have heard Mr. S.B. Rahman, learned counsel for the applicant/ complainant. Also heard Mr. N.J. Dutta, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1 and Mr. H.R.A. Choudhury, learned senior counsel, appearing for the respondent No.2/accused.

3. Ahammad Ali Mandal, the complainant of Goalpara Police Station Case No.583/2019 under Section 376 IPC read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short, “POCSO Act”), has filed this application for cancellation of pre-arrest bail granted to Mujahidur Rahman Mondal by virtue of order dated 06.01.2020 while dealing with A.B. No.4173/2019 (Mujahidur Rahman Mondal -Vs- The State of Assam). I have taken judicial notice of the fact that the complainant or the victim were not impleaded as respondents by the accused when Anticipatory Bail Application (supra) was filed.

4. Before a reference to the order granting bail is made, I would like to make a reference to the gist of the accusations, and the evidences collected in the course of investigation, which are available with the Case Diary, in conte

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