Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010153982025
2025:GAU-AS:9418
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2314/2025 MD. RAJIBUL ISLAM S/O.- MD. KASEM ALI, R/O- VILLAGE- 2 NO. ISLAMPUR, P.O.-ISLAM GAON, P.S.-BIHPURIA, DIST.- LAKHIMPUR, ASSAM, PIN-787054. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR. L GOGOI, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER Date : 23.07.2025
Heard Mr. L. Gogoi, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.
Page No.# 2/3 This is an application under Section 483 of BNSS, 2023, praying for grant of bail to the accused/petitioner, who has been arrested in connection with Bihpuria P.S. Case No. 126/2025, under Section 87 of BNS, 2023. It is submitted by Mr. Gogoi, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has not committed any such offence as alleged in the F.I.R. However, it is a fact that there was a love affair and the girl herself went to the house of the accused/petitioner wherefrom she was subsequently recovered by her parents. The accused/ petitioner is in custody for last 33 days and hence, the I.O. got sufficient time for his custodial interrogation and accordingly, he submitted that the bail prayer of the present accused/petitioner may be allowed and the accused/petitioner is ready and willing to co-operate the I.O. in further investigation of this case. Mr. Borthakur, learned Additional Public Prosecutor, submitted in this regard that admittedly the victim girl was a minor at the relevant time of incident and hence, he insisted on calling for the Case Diary.
Considering the submissions made by the learned counsel for both sides and also considering the statement made in the F.I.R. and the other aspect of the case, vis-à-vis the period of detention already undergone by the accused/petitioner, I am of the view that further custodial interrogation of the present accused/petitioner may not be necessary for the interest of investigation and therefore, I find it a fit case to extend the privilege of bail to the accused/petitioner.
Accordingly, it is provided that on furnishing a bond of Rs. 20,000/-
Page No.# 3/3 (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, the accused/petitioner, namely, Md. Rajibil Islam, be enlarged on bail, subject to the following conditions:
(i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when called for;
(ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any 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; and
(iii) that the petitioner shall not leave the jurisdiction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur, without prior permission.
In terms of above, this bail application stands disposed of.
JUDGE Comparing Assistant