ORDER

31.03.2022 Heard Shri S. Borthakur, learned Counsel for the petitioner, namely, Md. Jabed Ali, who has filed this bail application under Section 439 of the Cr.P.C. praying for bail in connection with Special (POCSO) Case No. 27/2021 pending before the Addl. Sessions Judge, Biswanath Chariali, Assam arising out of Gingia P.S. Case No. 104/2021 under Sections 447/366(A) of the IPC read with Section 4 of the POCSO Act.

The petitioner was arrested on 08.03.2022.

Also heard Ms. S.H. Bora, learned Addl. Public Prosecutor, Assam.

Considering the peculiar facts & circumstances, this Court proposes to dispose of the instant application at the motion stage.

The petitioner who is an accused in the aforesaid case was initially granted bail by the learned Addl. Sessions Judge, Biswanath Chariali vide an order dated 25.11.2021. In the said order, reasons were recorded for grant of such bail including the length of detention. However, while granting bail, the undertaking of the petitioner was recorded that he shall regularly attend the Court to face the trial. It appear from the records that on 09.12.2021 i.e. the date fixed, the petitioner was absent leading to issuance of NBWA, fixing :08.03.2