Section 439 of Code of Criminal Procedure, 1973 provides for power of Court of Sessions or of High Court to grant bail.
In the recent Judgment dt. 24 June 2021 passed by Hon'ble Gauhati High Court, where there were allegations related to, inter-alia, S.376(AB) of IPC was there, in view of facts of the case, Hon'ble Gauhati High Court had directed the accused to approach the Trial Court for regular bail. Refer Tun Tun Changmai @ Tul Tul Changmai v State of Assam : Bail Appln 1103/2021 : Judgment dt. 24 June 2021 of Hon'ble Gauhati High Court.
Vishal
Guwahati
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