Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/792/2025 MR ABDUL HASIB S/O LATE ABDUL AZIZ, R/O VILLAGE AKANTU, PS. LANKA, DISTRICT HOJAI, ASSAM, PH. NO. 9954860096 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ASMA BEGUM W/O ABDUL HUSSAIN R/O VILLAGE AKANTU PS. LANKA DISTRICT HOJAI ASSA Advocate for the Petitioner : MR. A K SHARMA, MR. A AHAD,MR R KASHYAP Advocate for the Respondent : PP, ASSAM, MRS. N DEKA (R-2),MR S.SARMAH(R-2),MS A BEGUM(R-2)
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BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 02.06.2025
Heard Mr. A. K. Sharma, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam/respondent no. 1 and Mr. S. Sarma, learned counsel representing the informant/respondent no. 2. One 17 (seventeen) years old girl had gone to the house of the petitioner. It may be mentioned that the petitioner is a tailor by profession. After arrival of the girl in the house of the petitioner, his wife had gone out from the house to attend the call of nature. When she returned, she found that her husband was doing sexual intercourse with the said girl. Immediately videographed the entire incident. Narrating the aforesaid incident, the mother of the victim girl lodged FIR before Police. Mr. Goswami has submitted that the victim has supported the story alleged in the FIR. Mr. S. Sarma, learned counsel for the respondent no. 2 (informant) has submitted that both sides have already settled their dispute between them and the informant has no objection if the prayer of the petitioner for pre-arrest bail is allowed. I have considered the submission made by the learned counsel for both the sides. Since the informant herself does not have any objection, this court has also decided to agree with the present petitioner. Hence, the prayer for pre-arrest bail of the petitioner is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Mr. Abdul Hasib, in connection with Lanka P.S. Case No. 45/2025, the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority. Page No.# 3/3 The petitioner is directed to appear before the Investigating Officer as and when called for. With the aforesaid direction, the bail application is disposed of.
Case diary shall be returned. JUDGE Comparing Assistant