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2025 DAILYLAW 13451 (GAU)

MOZIDUR ISLAM v. CHELEKA BEGUM AND ANR

Bail Appln./1828/2025 · 2025-07-20

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010116942025 2025:GAU-AS:9326 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1828/2025 MOZIDUR ISLAM S/O- GOLBAHAR SK. R/O- VILL-KODOMTOLI, P.S.- SUKACHAR, DIST- SOUTH SALMARA MANKACHAR, ASSAM. VERSUS CHELEKA BEGUM AND ANR W/O- HASSEN ALI. VILL.- CHOTO KAZIRGAON, P.S.- SUKCHAR. DIST.- SOUTH SALMARA MANKACHAR, ASSAM 2:THE STATE OF ASSAM REPRESENTED BY THE PP ASSA Advocate for the Petitioner : MR S DEWRI, MR H BORAH,MR A DEKA,MR P SONOWAL Advocate for the Respondent : , Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 21.07.2025 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent No.2. This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of bail to the accused/petitioner, who has been languishing in jail hazot since 29.04.2025 in connection with Sukchar P. S. Case No. 72/2024, registered under Sections 140(3)/61(2)/351 of BNS, added Section 65(1) of BNS read with Section 6(1) of POCSO Act. Mr. Borthakur, learned Additional Public Prosecutor, submits that though the case was listed today for production of the Case Diary before this Court, but the I.O. has already filed Charge-Sheet in this case, vide Charge-Sheet No. 42/2025, dated 30.06.2025. In this context, Mr. Deka, learned counsel for the petitioner, submits that the present petitioner is behind the bar since 29.04.2025 and thus, considering his length of detention, he may be enlarged on bail. Considering the submissions of learned counsels for both sides and also considering the fact that the case has already been Charge-Sheeted, vide Charge-Sheet No. 42/2025, dated 30.06.2025, it is provided that the petitioner shall file a petition for grant of regular bail, and the learned Court below shall Page No.# 3/3 consider the same in accordance with law. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant