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2025 DAILYLAW 11575 (GAU)

RIAJUL ISLAM @ RIYAZUL ISLAM v. THE STATE OF ASSAM AND ANR

AB/981/2025 · 2025-06-08

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010090262025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/981/2025 RIAJUL ISLAM @ RIYAZUL ISLAM S/O- FAKAR UDDIN R/O- BAGALIPARA, VTC- CHETUAI KHAITI, P.O.- LAHARIGHAT, DISTT.- MORIGAON, ASSAM PIN-782127. VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP,ASSAM 2:WAHIDUL ISLAM S/O- SAHAB UDDIN R/O- BAGALIPARA PATHAR (WARD NO.5 (NEW)) P.S.- LAHARIGHAT DISTRICT- MORIGAON ASSA Advocate for the Petitioner : MR B M DEKA, M ARIF Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 09.06.2025 Heard Mr. B M Deka, learned counsel appearing for the petitioner and Mr. K. K. Das, learned Additional Public Prosecutor, Assam. Also heard Mr. F A H Laskar, learned counsel for the informant/respondent no. 2. This application has been filed under Section 482 of the BNSS, 2023 for grant of anticipatory bail to the petitioner namely Riajul Islam @ Riyazul Islam in connection with Laharighat P.S. Case No. 86/2025. The informant is the father of a girl, aged about 16 years 8 months. The informant has alleged that his daughter was having love affairs with the present petitioner, who is also 18 years old in age. According to the informant, because of the relationship the petitioner had forcibly sexual intercourse with his daughter on many occasions. In the statement recorded under section 183 of the BNSS, the informant as well as the victim has implicated the present petitioner. The learned counsel for the respondent no. 2/informant has submitted that due to certain misunderstanding the FIR was filed. According to him, the informant and the victim girl have no objection if the pre-arrest bail prayer of the petitioner is allowed. Mr. Deka has submitted that the boy and the girl were in love and it is true that no such incident took place. This FIR was filed on some other imaginary facts. I have considered the submission made by the learned counsel for both the sides. The petitioner is also an 18 years old boy. This court is of the opinion that under the given circumstances the petitioner does not deserve to be detained in custody. Hence, the present pre- arrest bail application is allowed. Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Riajul Islam @ Riyazul Islam in connection with Laharighat P.S. Case No. 86/2025, the arresting authority shall release him on bail of Rs.20,000/- with one surety of like amount to the Page No.# 3/3 satisfaction of the arresting authority. The petitioner is directed to cooperate with the investigation as when called for. Bail application is disposed of. Case diary shall be returned. JUDGE Comparing Assistant