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2025 DAILYLAW 15785 (GAU)

JAIDUL ISLAM LASKAR ALIAS JAIDUL LASKAR v. THE STATE OF ASSAM

AB/1653/2025 · 2025-07-17

Mitali Thakuria

body2025

Judgment text

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Page No.# 1/3 GAHC010152422025 2025:GAU-AS:9268 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1653/2025 JAIDUL ISLAM LASKAR ALIAS JAIDUL LASKAR S/O FORASH UDDIN LASKAR R/O SAHABAD PART 1 PS HAILAKANDI DIST HAILAKANDI ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP ASSAM Advocate for the Petitioner : MR M J QUADIR, MR. A K HANNAN,MR S S ISLAM Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER 18.07.2025 Heard Mr. M. J. Quadir, learned counsel for the petitioner. Also heard Mr. J. Chutia, learned Additional Public Prosecutor for the State respondent. This application is filed under Section 482 of the BNSS, praying for the grant of pre-arrest bail to the petitioner in connection with PRC Case No. 505/2023, under Sections 376/417/313 of IPC corresponding to G. R. Case No. 565/2023. It is submitted by Mr. Quadir, learned counsel for the petitioner, that the petitioner is innocent and has not committed any offence as alleged in the FIR. However, he admitted of having a love relationship with the victim. He further submitted that during the entire period of investigation, the police never searched for him, and hence, he was unaware of the pendency of the case against him. It is further submitted that the charge sheet has been filed, and accordingly, summon was issued to the petitioner. However, he could not appear before the learned Trial Court due to illness, and the next date has been fixed for appearance on 21.07.2025. He submits that he is ready and willing to appear before the learned Trial Court and contest the case on each and every date fixed, provided he is granted the privilege of pre-arrest bail. On the other hand, Mr. Chutia, learned Additional Public Prosecutor, submitted that there are sufficient incriminating materials against the accused/petitioner, as brought out in the victim’s statement recorded under Page No.# 3/3 Section 161 of Cr.P.C. Furthermore, it is seen from the charge sheet that several attempts were made by the police to apprehend the petitioner during the investigation, but he could not be found, and as such, he was shown as an absconder in the charge sheet. Considering the submissions made by the learned counsels for both sides, the petitioner is hereby directed to appear before the learned Trial Court on the fixed date, i.e., 21.07.2025, and file an appropriate application for bail, which shall be considered in accordance with law. Till then, no coercive action shall be taken against the accused/petitioner. In terms of above, this anticipatory bail application stands disposed of. JUDGE Comparing Assistant