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2025 DAILYLAW 15046 (GAU)

RAJIBUL HOQUE AND 2 ORS. v. THE STATE OF ASSAM AND ANR

Bail Appln./2094/2025 · 2025-08-20

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010139782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2094/2025 RAJIBUL HOQUE AND 2 ORS. SON OF MD. SAMSUL HOQUE VILL- KARAI BILAR PATTHAR P.S. CHHAYGAON DIST. KAMRUP, ASSAM, PIN-781136 2: SAMAD ALI @ MANIK S/O MD. SHAJAHAN ALI VILL- KARAI BILAR PATHAR P.S. CHHAYGAON DIST. KAMRUP ASSAM PIN- 781136. 3: MANNAN ALI S/O MD. SHAJAHAN ALI VILL- KARAI BILAR PATHAR P.S. CHHAYGAON DIST. KAMRUP ASSAM PIN-78113 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:BIKRAM SENAPATI S/O RABIN SENAPATI VILL- BARPUJIA AMARAWATI P.S. RAHA Page No.# 2/2 DIST. NAGAON ASSAM PIN-7821003 Advocate for the Petitioner : MR H R A CHOUDHURY, B DAS,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, MR S DAS, AMICUS CURIAE FOR R-2 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 21.08.2025 Mr. H R A Choudhury, learned senior counsel for the petitioners, assisted by Ms. R. Deka, Advocate. Also heard Mr. K. K. Das, learned Additional Public Prosecutor, Assam and Mr. S. Das, learned Amicus Curiae representing the respondent no. 2. This application has been filed under Section 483 of the BNSS, 2023 praying for grant of bail to the petitioner, who is facing trial in connection with Special POCSO Case No. 141/2024 pending in the court of the learned Special Judge (POCS), Morigaon. It is an admitted fact that all the prosecution witnesses have been examined by the trial court. That means the case is now at the stage of disposal. This court is of the opinion that allowing the petitioner to go on bail at this stage might hamper the disposal of the case by the trial court. Therefore, the bail prayer of the petitioner is rejected. The bail application is disposed of and dismissed accordingly. JUDGE Comparing Assistant