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2025 DAILYLAW 13765 (GAU)

RABBUL ISLAM ALIAS RABBUL HUSSAIN v. THE STATE OF ASSAM AND ANR

AB/1275/2025 · 2025-06-10

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010122212025 2025:GAU-AS:7558 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1275/2025 RABBUL ISLAM ALIAS RABBUL HUSSAIN SON OF KASEM ALI @ BADRUS JAMAL, R/O VILL- SHALKATI PATHAR P.S. DHING, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:OMAR ALI SON OF LATE KASIMUDDIN R/O VILL- HATIPARA P.S. RUPAHIHAT DIST. NAGAON ASSA Advocate for the Petitioner : MR. M M ZAMAN, M RAHMAN,MR A BASUMATARY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.06.2025 1. Heard Mr. M. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam. 2. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in respect of Special POCSO Case No.107/2025, pending in the Court of the learned Additional Sessions Judge Cum Special Judge (POCSO), Nagaon, Assam. 3. The petitioner has been shown as an absconder in the Charge-Sheet. The learned counsel for the petitioner has submitted that the petitioner is interested in facing the trial and he should be given adequate opportunity to that effect. 4. Mr. Das, learned Additional Public Prosecutor has objected to the bail application on the ground that the prayer of the petitioner should not be considered as he has been shown as an absconder in the Charge-Sheet. 5. I have considered the submission made by learned counsel for both the sides. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given one opportunity to that effect. 7. The bail application of the petitioner is allowed. 8. It is hereby directed that the petitioner, Rabbul Islam @ Rabbul Hussain is Page No.# 3/3 directed to appear before the learned Additional Sessions Judge Cum Special Judge (POCSO), Nagaon, Assam on 19.06.2025 in respect of Special POCSO Case No.107/2025. 9. On his appearance, the petitioner, Rabbul Islam @ Rabbul Hussain shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Additional Sessions Judge Cum Special Judge (POCSO), Nagaon, Assam. 10. The petitioner shall regularly appear before the Trial Court on each and every date of hearing, if he fails to appear before the Trial court without showing satisfactory reasons, the Court shall have to liberty to procure his attendance in accordance with the procedure as laid down by law. 11. The bail application stands disposed of. JUDGE Comparing Assistant