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2025 DAILYLAW 13276 (GAU)

OHIDUL ISLAM ALIAS AHIDUL ISLAM (RATUL) v. THE STATE OF ASSAM

Bail Appln./1764/2025 · 2025-06-11

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010115212025 2025:GAU-AS:7709 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1212/2025 MOJMUL ISLAM S/O- AZIZUL ISLAM. R/O- FLAT NO.101, BLOCK B, RAJ APARTMENT, GMCH ROAD, P.O. AND P.S- BHANGAGARH., GUWAHATI, DIST.- KAMRUP(M), ASSAM, PIN-781005. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD. PP,ASSAM Advocate for the Petitioner : MR. B K DAS, I J SINGPHO,MR H P GUWALA,H P NEOG Advocate for the Respondent : PP, ASSAM, Linked Case : Bail Appln./1764/2025 OHIDUL ISLAM ALIAS AHIDUL ISLAM (RATUL) S/O LATE SIDDQUE ALI VILL- KABAITARY JOGIGHOPA P.O. AND P.S. BONGAIGAON DIST. BONGAIGAON ASSAM PIN NO. 782410 Page No.# 2/3 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM ------------ Advocate for : MR. B K DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 12.06.2025 Heard Mr. G. Jalan, the learned counsel appearing for the petitioners. Also heard Mr. K.K. Das, the learned Addl. Public prosecutor, Assam. 2. Both these bail applications under Sections 482 and 483 of the BNSS, 2023 are in respect of Bongaigaon P.S. Case No.121/2025. 3. Police had some materials that some unlawful activities were going on at Wings Unisex SPA & Parlour at Bongaigaon. One day, police raided the Parlour. During raid, police recovered 5 nos. of used condoms and 3 nos. of unused condoms. 4. The petitioner Ohidul Islam @ Rahul was found in a nude state. He was arrested immediately. It may be stated that Ohidul Islam @ Rahul had gone to the said Wings Unisex SPA & Parlour in his Scorpio vehicle driven by the present petitioner Mojmul Islam. 5. I have considered the submissions made by the learned counsel of both sides. Page No.# 3/3 6. There are some incriminating materials against Ohidul Islam @ Rahul in the Case Diary. Therefore, at this stage, his bail application is not found to be satisfactory and stands dismissed. 7. So far as the petitioner Mojmul Islam is concerned, this Court is of the opinion that there are no such incriminating materials against him in the Case Diary. His pre- arrest bail application is allowed. 8. It is hereby directed that in the event of arrest in respect of Bongaigaon P.S. Case No.121/2025, the petitioner Mojmul Islam shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 9. The above named petitioner Mojmul Islam shall co-operate with the Investigating Police Officer as and when called for. 10. With the aforesaid directions, both the bail applications stand disposed of. Return the Case Diary. JUDGE Comparing Assistant