Page No.# 1/3 GAHC010101072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1610/2025 HAMIDUL ISLAM S/O - LATE AJGAR ALI, R/O - ALISINGA GAON, BECHIMARI, P.O. - LALPUL BAZAR POST OFFICE, P.S. - DALGAON, DIST. - DARRANG, ASSAM, PIN CODE - 784514. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:LAILI BEGUM W/O- KITAB ALI R/O - VILL. MADHUPUR P.O. - KALABARI P.S. - DALGAON DIST. - DARRANG ASSAM PIN CODE -784178 Advocate for the Petitioner : MR. M U MAHMUD, MS. D BORA,MR S ISLAM,MS. B CHETIA,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE, R2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.06.2025 Heard the learned counsel Mr. M U Mahmud appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. Sarfraz Nawaz, the learned counsel appearing for the respondent No.2. 2. This application has been filed under Section 483 of the BNSS, 2023, whereby the petitioner, namely, Hamidul Islam has prayed for releasing him on bail, after he was arrested in connection with Rowta P.S. Case No. 45/2025. 3. The allegation brought against the petitioner is that he was forcibly having physical relationship with a 17 year old girl. Ultimately, the girl became pregnant. As a result of which a baby was born. 4. Mr. Mahmud has submitted that the brother-in-law Aminul Haque of a 17 year old victim girl is responsible for her pregnancy. 5. Mr. Mahmud has further submitted that from the DNA test, it is found that Aminul Haque is the father of the said baby. Accordingly, he should accept the victim girl as his wife. 6. In her statement given before police, the victim girl has implicated the present petitioner. 7. The case diary shows that in his statement, the petitioner has also admitted the aforesaid fact. 8. Mr. Mahmud submits that the petitioner has already spent 61 days in judicial custody. According to Mahmud, if the petitioner is proved that he is not the father of a 17 year old girl, his custodial detention cannot be compensated by money. 9. The materials available in the record reveals that there are incriminating materials against the petitioner in the case diary. Page No.# 3/3 10. Therefore, his bail application cannot be considered at this stage and the same stands rejected and disposed of. Return the CD. JUDGE Comparing Assistant