SAHIDUL KAZI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an application made under Section 439 Cr.P.C., seeking bail by the accused- petitioner, namely, Sahidul Kazi @ Shahidul Kaji, in connection with Barpeta Police Station Case No.2277/2020, registered under Sections 365/34 of the Indian Penal Code, read with Section 4 of the POCSO Act.

(2.) Heard Mr. A. Hawari, learned counsel for the petitioner. Also heard Mr. N.K. Kalita, learned Additional Public Prosecutor, Assam for the Respondent State.

(3.) Mr. Kalita, learned Additional Public Prosecutor has submitted, on instructions received, that charge-sheet vide Charge Sheet No.1231/2020 dated 23.12.2020ha already been laid by the Investigating Police Officer. On the other hand, on the last date itself, learned counsel for the petitioner has placed before this Court a copy of the statement of the victim recorded under Section 164 Cr.P.C. Since the said statement was not a certified copy, learned Additional Public Prosecutor was instructed to produce the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and/or for any reason if the case diary cannot be collected, the statement of the victim recorded under Section 164 of the Code of Criminal Procedure, was directed to be produced.