ORDER

18.11.2024 Heard Mr. S I Akand, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State. Also heard Ms. B Sarma, learned Legal Aid Counsel for the informant as well as the minor victim, opposite party Nos.2 and 3.

2) By this application filed under Section 439 Cr.P.C., 1973, the petitioner, namely, Md. Naused Ali @Nashwed Ali, son of Late Ali Akbar @Ali Aakabar, resident of Bhujkhowa Chapori, P.S.-Tezpur, District- Sonitpur, has prayed for his bail in Special POSCO Case No. 179/2023 arising out of Tezpur Police Station Case No.832/2023, corresponding to GR No.1720/23, registered under Section 376 of the I.P.C. read with Section 4 of the POCSO Act, 2012, in which, he was arrested on 09.10.2023 and is in custody since then.

3) It is contended on behalf of the petitioner that he was arrested on 09.10.2023 in said Tezpur P.S. Case No.832/2023 under Section 376 of the I.P.C. read with Section 4 of the POCSO Act, 2012 and is in custody for more than 405 days, since 09.10.2023.

4) It is also stated on behalf of the petitioner that in the meanwhile, Charge-Sheet has been filed in the case and charges under Section 376 of the I.P.C. re