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2025 DAILYLAW 10739 (GAU)

SHAHALOM MOLLAH v. THE STATE OF ASSAM AND ANR.

AB/875/2025 · 2025-05-21

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010077672025 2025:GAU-AS:6485 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/875/2025 SHAHALOM MOLLAH S/O SOPIAR RAHMAN MOLLAH VILL-SADHULLABARI (NALDOBA), P.S. MANKACHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP. BY THE PP, ASSAM 2:RUPCHAN ALI S/O JAFOR ALI VILL-BETBARI P.O. HAZIRHAT P.S. SUKCHAR DIST. SOUTH SALMARA ASSAM PIN-78312 Advocate for the Petitioner : MD. A HUSSAIN, MR. T ISLAM,MR. K ALOM,MR B. RAHMAN Advocate for the Respondent : PP, ASSAM, MR. A S CHOUDHURY (R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 22-05-2025 Heard learned counsel Mr. A. Hussain for the petitioner, who has filed this Page No.# 2/2 application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Special (P) Case No. 237/2024 under Section 368/376(3) of IPC, R/W Section 4 of POCSO Act, 2012 arising out of Sukchar Police Station Case No. 07/2023 under Section 368/376(3) of IPC, R/W Section 4 of POCSO Act, 2012. 2. Heard Mr. P.S. Laskar, learned Additional Public Prosecutor, Assam. Learned counsel for the respondent No. 2 is not present. 3. It is submitted by the petitioner that the victim and the petitioner had a love relationship and now, marriage has been solemnized between the petitioner and the victim. Annexure-4 is the certificate of marriage issued by the Marriage Officer. The victim at present has attained majority and the petitioner and the victim are leading a happy married life. 4. I have considered the submissions at the bar with circumspection. It appears that anticipatory bail may be granted to the petitioner. 5. In the event of his arrest, the petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of learned Trial court. 6. In terms of the above observation, this Anticipatory Bail application stands disposed of. JUDGE Comparing Assistant