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2025 DAILYLAW 12776 (GAU)

ABDUL SALAM v. THE STATE OF ASSAM AND ANR

Bail Appln./1803/2025 · 2025-06-01

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010107802025 2025:GAU-AS:7095 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1803/2025 ABDUL SALAM S/O- LATE MUSLIM UDDIN. VILL.- BALARGUDAM. P.S.- MERERCHAR, DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE LD. PP, ASSAM 2:AKABBAR ALI S/O- LATE NABI HUSSAIN. VILL.- BHARALIPARA PT-I P.O.- NAYASATRA P.S.- MERERCHAR DIST.- BONGAIGAON ASSAM. PIN-783384 Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY,H R KHAN,MR. M ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 02.06.2025 1. Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for bail in respect of Mererchar P. S. Case No.18/2025. 3. The present petitioner is the father of the 20 years old boy called Musa Ali, who was having some relationship with a minor girl, ultimately, the minor girl committed suicide and Musa Ali was arrested in that matter. The petitioner being the father of Musa Ali was also arrested. 4. On a plain reading of the FIR, no element of the provision of the POCSO is found against the present petitioner nor there any materials abetting commission of suicide by the girl. 5. Therefore, this Court is of the opinion that the petitioner, who has already spent 33 days in judicial custody no longer deserves to be detained in custody. 6. The bail application of the petitioner is allowed. 7. The petitioner, Abdul Salam, shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Special Judge, North Salmara, Abhayapuri. Page No.# 3/3 8. The bail application stands disposed of. JUDGE Comparing Assistant