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2025 DAILYLAW 17611 (GAU)

MUKSIDUL HOQUE v. THE STATE OF ASSAM AND ANR

Bail Appln./2666/2025 · 2025-09-18

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010181002025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2666/2025 MUKSIDUL HOQUE SON OF ABDUL HAMID R/O MOHMARI PATHAR P.S. LAHARIGHAT DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:TAIJUL ISLAM S/O HASEN ALI R/O AUTOLABORI P.S. LAHARIGHAT DIST. MORIGAON ASSAM PIN-78212 Advocate for the Petitioner : MR S M ABDULLAH P, MD R ISLAM,MD IMRAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, MR. A S ALI (R-2),MR D SAIKIA(R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.09.2025 1. Heard Mr. S.M Abdullah P, learned counsel for the petitioner. Also heard Mr. R.R Koushik, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 483 BNSS, 2023 praying for grant of bail to the accused/petitioner in connection with POCSO Case No. 115/2025 arising out of Laharighat P.S Case No. 27/2025 under Section 140(3)/64(1) of the BNS, 2023 R/W Section 4 of the POCSO Act. 3. It is submitted that the victim had voluntarily eloped with the petitioner but the petitioner himself subsequently handed over the victim to her family and she is now married to another person. 4. It appears that the victim was 17 years old and on the verge of attaining majority. Although the allegations of forceful sexual intercourse has been made, considering the story of the prosecutrix as involved, there appears to the an element of cooperation. Be that as it may, the petitioner has already spent 122 days in custody. Charge-sheet has already been submitted and therefore, the investigation is over. 5. The learned counsel for the informant also submits that he has no objection to the prayer for grant of bail. Page No.# 3/3 6. Considering the above circumstances, the 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. Trial Court, Morigaon, Assam. 7. It is further provided that in the event charge is framed against the accused, he shall regularly participate in the trial. 8. Petition is disposed of. JUDGE Comparing Assistant