Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010179962025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2683/2025 MINHAJUL HOQUE SON OF AYUB ALI RESIDENT OF VILL- SANOWA P.S. SIPAJHAR DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ABDUL MATIN S/O LATE MAHAMMAD ALI VILL- SANOWATARI P.O. SANOWA P.S. SIPAJHAR DIST. DARRANG ASSAM
PIN-784145 Advocate for the Petitioner : MR M HOQUE, MS J BEGUM Advocate for the Respondent : PP, ASSAM, U BHARADWAJ(R-2),MS A DAS(R-2),MR. T DEURI(R-2),MRS. R S DEURI (R-2)
Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 15.09.2025
1. Heard Mr. M Hoque, learned counsel for the petitioner. Also heard Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam and Mrs. R.S Deuri, learned counsel appearing on behalf of respondent No. 2. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the petitioner, who is apprehending arrest in connection with Sipajhar P.S. Case No.113/2025 under Sections 96 of the BNS, 2023 R/W Section 12 of POCSO Act, 2012. 3. Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam has submitted that charge-sheet has been submitted. 4. The allegation against the petitioner, who is aged only 21 years, is that he kidnapped the victim aged 16 years and sexually abused her. The case is registered under Section 12 of the P.O.C.S.O Act, 2012 carrying a maximum punishment of 3 years. It is submitted on behalf of the petitioner that the victim and accused are having a love relationship and they had, of their own will, fled from her home. Further, the petitioner has already spent 48 days in custody. 5. However, Mr. B Sarma, learned Additional Public Prosecutor for the State of Assam has objected the prayer for bail. 6. Having regard to the nature of the allegations and period of
Page No.# 3/3 detention, prayer for bail is allowed on furnishing a bail bond of Rs. 20,000/- with 2(two) sureties of the like amount to the satisfaction of the Ld. Special Judge, Darrang, Mangaldai, Assam under the following conditions : (i) The petitioner shall cooperate with the investigation and appear before the I/O as and when called for. (ii) The petitioner shall not tamper with the evidence or influence the witnesses connected with the case.
(iii) The petitioner shall not leave his place of residence without the permission of Ld. Special Judge, Darrang, Mangaldai, Assam. 7. In view of the above, the petition stands disposed of. JUDGE Comparing Assistant