GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
MD. NASIDUR RAHMAN AND ANR – Appellant
Versus
THE STATE OF ASSAM – Respondent
ORDER
08.09.2022 Heard Mr. B.D. Konwar, learned Sr. Counsel appearing for the accused petitioners.
Also heard Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam appearing for the State respondent.
2. By this petition under Section 439 Cr.P.C., the petitioners, namely 1. Md. Nasidur Rahman and 2. Md. Mustafizur Ahmed have prayed for grant of bail in connection with Moirabari P.S. Case No. 155/2022 registered u/s 228A of the IPC read with Sections 14/15 of the POCSO Act, 2012 r/w Section 67B of the I.T. Act, 2000 (corresponding to G.R. Case No. 1471/2022).
3. The case diary, as called for, is placed before the Court.
4. As directed, the investigating officer has personally appeared before the Court along with the case diary and an ‘explanation report’ citing the grounds for inability to produce the case diary on the last date.
5. Perused the explanation and on being satisfied the same is accepted. The investigating officer is exonerated from personal appearance.
6. The explanation submitted by the investigating officer is taken on record.
7. The FIR reads as extracted hereinbelow-
“To, The Officer in Charge, Moirabari Police Station Sub- FIR Sir, I have the honour to report that a few day
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