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2020 DIGILAW 125 (GAU)

Md Najirul Islam v. State Of Assam

2020-02-04

RUMI KUMARI PHUKAN

body2020
JUDGMENT 1. This is second pre-arrest bail application by the petitioner Najirul Islam, whereby he has sought for pre-arrest bail in connection with Uluoni P.S. Case No.115/2019 (corresponding to G.R. Case No.870/2019), under Sections 376 of the IPC, read with Section 4 of the POCSO Act , on the ground that by this time, the investigation might have completed and release of the accused may be considered. 2. Heard learned counsel for both sides and perused the record. 3. The offence relates to minor girl who is s student of Class-X and the case is registered u/s.4 of the POCSO Act along with Section 376 of the IPC. 4. For the purpose of consideration of pre-arrest bail, a prima facie case is to be considered as to whether the same is made out from the materials on record. 5. This Court on the last occasion, on 11.12.2019 has already gone through the case diary and finding prima facie evidence against the petitioner with such serious offence, pre-arrest bail prayer was rejected. The ground that has been taken by the petitioner cannot be a new ground to re-visit the earlier findings. That being so, the present petition which has no merit, is hereby dismissed.