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2024 Supreme(Online)(GAU) 7861

HIGH COURT OF GAUHATI
MRS. JUSTICE MALASRI NANDI, J
KAMDEV DEKA – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


Advocates:
MR. K K HANDIQUE, MR. N MALAKAR, PP, ASSAM, MR N MILI(R-2), MR. R CHETRI(R-2)

ORDER

Date : 03.09.2024 Heard Mr. K.K. Handique, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State and Mr. R. Chetri, learned counsel for the respondent No. 2.

By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita , 2023, the petitioner, namely, Kamdev Deka, has prayed for granting pre- arrest bail, apprehending arrest in connection with Sessions (Special) Case No. 115/2024 (arising out of Dispur P.S. Case No. 734/2017) under Section 12 of POCSO Act.

It is submitted by the learned counsel for the petitioner that the petitioner is the headmaster of Navoday Jatiya Vidyalaya, Hengrabari under Dispur police station, wherein the victim is a student. It is also submitted that the allegation made in the FIR is totally false and subsequently, the informant also after submission of charge- sheet made compromise on the matter. The case is registered under the POCSO Act, and as such, the petitioner is apprehending arrest. In view of the above, the benefit of pre-arrest bail may be extended to the petitioner.

On the other hand, Mr. Sarma, learned Additional Public Prosecutor for the State submits that the pe

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