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2025 DAILYLAW 12781 (GAU)

S M IKBAL HUSSAIN LASKAR ALIAS BABUL HUSSAIN LASKAR v. THE STATE OF ASSAM

AB/1115/2025 · 2025-09-17

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010107302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1115/2025 S M IKBAL HUSSAIN LASKAR ALIAS BABUL HUSSAIN LASKAR S/O LATE ANARUL HUSSAIN LASKAR, R/O VILLAGE DAKSHIN MOHANPUR PART -VII P.O. DAKSHIN MOHANPUR, P.S.- SONAI, DIST.- CACHAR, ASSAM, PIN-788119 2: CINURUN NESSA LASKAR W/O LATE ANARUL HUSSAIN LASKAR R/O VILLAGE DAKSHIN MOHANPUR PART -VII P.O. DAKSHIN MOHANPUR P.S.- SONAI DIST.- CACHAR ASSAM PIN-78811 VERSUS THE STATE OF ASSAM REP. BY THE PP ASSAM Advocate for the Petitioner : MR H I CHOUDHURY, H YEASMIN,G UDDIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 18.09.2025 1. Heard Mr. H. R. A. Choudhury, learned senior counsel assisted by Mr. S. H. Ahmed, learned counsel for the petitioner. Also heard Ms. S. H. Bora, Page No.# 2/3 learned Additional Public Prosecutor. 2. This application under Section 482 of BNSS, 2023 has been filed by the petitioners, namely, S. M. Ikbal Hussain Laskar @ Babul Hussain Laskar and Cinurun Nessa Laskar seeking pre-arrest bail in connection with Sonai P.S Case No. 27/2025 GR Case No. 576/2025 registered under Sections 75(2)/118(2)/3(5) of BNS, 2023. 3. The scanned TCR has been received and I have perused. 4. The gist of accusation in this case is that on 02.04.2025, one Minara Begum Barbhuiya, had lodged an FIR naming therein, both the petitioners, before the Officer-in-charge of Sonai Police Station, inter alia, alleging that her daughter was married to the younger brother of the petitioner No.1 about 8 years back and after five years of the marriage, the petitioner No.1 used to give indecent proposal to her daughter, which she was always declined. 5. It is alleged in the FIR that on 10.03.2025, the petitioner No.1 again gave indecent proposal to the daughter of the informant and on her refusal, he inflicted dao blows on the daughter of the informant causing serious injuries on her hand. 6. Mr. H. R. A. Choudhury, learned senior counsel submits that as the investigation is over, the bail petition may be allowed. 7. Ms. S. H. Bora, learned Additional Public Prosecutor opposing the bail petition submits that all the material supports the allegation that the victim woman suffered injury on being assaulted by accused No.1; that, even the statements of the husband and the victim’s mother-in-law are also on same line. 8. The interim pre-arrest bail granted to the petitioner No.2 vide order dated 22.05.2025 is hereby made absolute subject to the condition that she shall be available for trial, if one commences. 9. With regard to accused No.1, against whom most of the allegations are and Page No.# 3/3 that the said accused continuously causing sexual harassment to the victim/his sister-in-law cannot be overlooked. It is also stated her injury is grievous in nature 10. Accordingly, I am not inclined to grant anticipatory bail to the accused No.1, who is also indicated as absconder in the charge-sheet. 11. Accordingly, the bail application of accused No.1 stands rejected . 12. The petition stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant