ORDER

Date : 04.10.2024 Heard Mr. A. Chaudhury, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State and Mr. M.P. Sarma, learned counsel for the respondent No. 2.

2. By this application filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita , 2023, the accused petitioner namely, Jogen Chandra Rajbongshi, has prayed for bail in connection with Tamulpur P.S. Case No. 217/2024 under Section 75(1) of BNS, 2023 r/w Section 12 of POCSO Act, 2012.

3. It has been submitted by the learned counsel for the petitioner that the petitioner is a Head Master of Barkhopa High School, Barigaon, Tamulpur and he is about 56 years of age. It is also submitted that the petitioner has been detained in custody since 03.09.2024. According to the learned counsel for the petitioner, a notice under Section 35(3) of BNSS, 2023 corresponding to Section 41(A) Cr.P.C. is required to be served to the petitioner as per guidelines laid down by the Hon’ble Supreme Court. However, no such notice was issued to the petitioner. Considering the background of the case as well as non- compliance with the provision of Section 35(3) of BNSS, the petitione