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/850/2025 ABDUL HAMID S/O JOBBAR ALI R/O DHARMASALA PT 1 DIST DHUBRI ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM Advocate for the Petitioner : A W AMAN, MR SARFRAZ NAWAZ,MR. SURAJIT DAS,A S CHOUDHURY Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22.04.2025
1. Heard learned Counsel Mr.S.Das for the petitioner Abdul Hamid who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre- arrest bail as he is apprehending arrest in connection with Dhubri PS Case No. 498/2024 under Section 140(3)/64(1)/127(4)/318(3)/3(5) of the BNS,2023.
2. Learned Addl.Public Prosecutor Mr.M.P.Goswami is present for the State
Page No.# 2/2 respondent.
3. The allegation against the petitioner is that he established illegal relationship with the victim by committing sexual assault on her. It is alleged that the petitioner repeatedly committed sexual assault on the victim with false promise of marriage with her. On being instigated by his father, the petitioner took the victim to Balajan and abandoned her at Balajan.
4. I have scrutinized the Case Dairy. The merits of the case are not brought to the fore. Investigation has also progressed substantially. It appears that custodial interrogation may not be necessary.
5. Considering all aspects, prayer for pre-arrest bail is allowed.
6. The petitioner named above in the event of arrest shall be released on pre-arrest bail on furnishing bail bond of Rs.30,000/- with a suitable surety of like amount to the satisfaction of the arresting authority subject to the condition that the petitioner shall appear before the I.O. within one week and shall co- operate with the investigation failing which, pre-arrest bail order shall stand automatically cancelled.
7. Send back the Case Diary.
JUDGE Comparing Assistant