Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010118602025
2025:GAU-AS:8680
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1829/2025 ABDUL MANNAN S/O-YEAZ UDDIN,R/O- VILL.BALITIKA,P.S-LALUK,DIST-LAKHIMPUR (ASSAM) VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP,ASSAM 2:SAIFUL ISLAM S/O- LATE MD. MOFIZ UDDIN VILLAGE- KUTUBPUR P.S.- BIHPURIA DISTRICT- LAKHIMPUR ASSAM PIN-787001 PH. NO. 700590098 Advocate for the Petitioner : MAHIBUR RAHMAN, MS. NISHA BEGUM,MS ASFIA AHMED Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE, R2)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 26.06.2025
Heard Mr. M. Rahman, learned counsel appearing for the accused petitioner as well as Mr. K. K. Parasar, learned Addl. P.P., Assam appearing for the State
Page No.# 2/3 respondent No.1 and Mr. S. Nawaz, learned Amicus Curiae, learned counsel appearing for respondent No.2. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Abdul Mannan, has prayed for grant of bail in connection with Bihpuria P.S. Case No.83/2025 under Section 87 BNS and added Section 64(2)(m)/127(2)/238(b)/249 of BNS R/W Section 6/21 of POCSO Act. It is submitted by the learned counsel for the petitioner that a minor girl was taken away by a person called Anarul Islam and after that he married her. The present petitioner being a village headman came to know about the said fact but he did not informed the police that is the only allegation against him. It is further submitted that the accused petitioner has been languishing in judicial custody for last 52 days since his arrest on 05.05.2025. Considering the length of detention, prayer for bail may be considered. Accordingly, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Accordingly, it is provided that the accused petitioner, namely, Abdul Mannan, shall be released on bail of Rs.20,000/- (Rupees Twenty Thousand) with one suitable surety of like amount to the satisfaction of learned Special Judge, Lakhimpur. The direction for bail is further subject to the conditions that the accused- petitioner: (a) shall nt leave the territorial jurisdiction of learned Special Judge, North Lakhimpur, Lakhimpur without prior written permission from him/her.
(b) shall not hamper with the investigation and tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any
Page No.# 3/3 person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant