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2025 DAILYLAW 17577 (GAU)

SHAFIQUL ISLAM AND ANR v. THE STATE OF ASSAM

AB/1944/2025 · 2025-09-17

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010179652025 2025:GAU-AS:12868 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1944/2025 SHAFIQUL ISLAM AND ANR SON OF ABDUS SALAM R/O VILL- CHENIMARI BILL, P.O. SUTIRPAR, P.S. JURIA DIST. NAGAON, ASSAM PIN-782124 2: NASIMA KHATUN W/O SHAFIQUL ISLAM R/O VILL- CHENIMARI BILL P.O. SUTIRPAR P.S. JURIA DIST. NAGAON ASSAM PIN-78212 VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : ALHAJJ I UDDIN, MR ROBIUL HOQUE,MR S J SHAMIM,MRS. R MOMTAZ Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 18.09.2025 Heard Mr. A.I. Uddin, learned counsel for the petitioners. Also heard Mr. K. Baishya, learned Additional Public Prosecutor for the State. 2. By this petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners, namely, Shafiqul Islam and Nasima Khatun, have prayed for granting pre-arrest bail, apprehending arrest in connection with Juria P.S. Case No. 205/2025, under Section 61(2)/103(1)/238(a)/3/5 of BNS, 2023. 3. The allegations in the FIR dated 26.07.2025 lodged by Manjila Khatun stating inter alia that after the death of her husband, the FIR named accused persons took her minor daughter to their house with a promise to provide care and education. Subsequently, on 20.07.2025, the informant came to know about the death of her daughter. 4. The learned Additional Public Prosecutor has produced the case diary and submits that there are sufficient incriminating materials against the petitioners. She has raised objection against the prayer of the petitioners. 5. Perused the case diary. The investigation is in progress. Apart from being FIR named and direct allegation against them – investigation has also revealed certain aspect with regard to these two accused persons which would necessitate further and deeper investigation. For example, some incriminating materials have been revealed that deceased who was a minor might have been Page No.# 3/3 pregnant at the time of her death and even the petitioner Shafiqul Islam might be responsible for the same. That, she might have been murdered to hide the episode. The investigating officer has contended that pre-arrest bail at this stage would be an impediment in the investigation. 6. Upon perusing the materials in the case diary, I find force in the said contention of the prosecution. Accordingly, the pre-arrest bail stands rejected at this stage and the petition disposed of accordingly. 7. Return the case diary. JUDGE Comparing Assistant