KAMINUR ISLAM @ KOMINUL HOQUE v. THE STATE OF ASSAM AND ANR
AB/774/2025 · 2025-08-18
Pranjal Das
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10164 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10164 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010068892025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/774/2025 KAMINUR ISLAM @ KOMINUL HOQUE S/O- SADER ALI, R/O- VILL- RANGAPANI PT II, P.S- SAPATGRAM, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SADER ALI S/O LT. AHETULLAH SHEIKH R/O VILL- RANGAPANI PT-II P.S.- SAPATGRAM DIST- DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR Z HUSSAIN, MR A K DAS,MR. RASHIDUL ISLAM Advocate for the Respondent : PP, ASSAM, MR. T SK (R-2)
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 19.08.2025
1. Heard Mr. R. Islam, learned counsel for the petitioner. Also heard Mr.
Page No.# 2/3 D. P. Goswami, learned Additional Public Prosecutor appearing for the respondent No.1. and Mr. T. Sheikh, learned counsel appearing for the respondent No.2.
2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Kaminur Islam @ Kominul Hoque, apprehending arrest in connection with Sapatgram P.S. Case No. 09/2025 registered u/s 329(4)/75(2) BNS, R/W Section 8 of POCSO Act, 2012.
3. The gist of allegation in this case is that on the day of incident the accused taking advantage of absence of other family members illegally trespassed into the house of the informant and hugged his sister-in-law.
4. It may be mentioned that by order, dated 04.04.2025, this Court granted the privilege of interim pre-arrest bail to the petitioner subject to conditions.
5. Mr. D. P. Goswami, learned Addl. Public Prosecutor, submits that the investigation is completed in the meantime, resulting in charge-sheet.
6. In the given facts and circumstances, the interim pre-arrest bail granted vide order, dated 04.04.2025 is hereby made absolute, subject to the following conditions- (i) That the petitioner shall available for trial. (ii) He shall not in any manner intimate or harass the informant or the alleged victim girl. (iii) He shall not hamper or temper.
7. Violation of any of the conditions entails cancellation of bail.
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8. Accordingly, the anticipatory bail stands allowed and disposed of.
JUDGE Comparing Assistant