MOHAJEN MOLLAH @ MOWAZZEN MOLLAH v. THE STATE OF ASSAM AND ANR
Bail Appln./2680/2025 · 2025-10-14
Pranjal Das
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17901 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17901 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010185322025
2025:GAU-AS:13802
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2680/2025 MOHAJEN MOLLAH @ MOWAZZEN MOLLAH S/O ABDUL MALEK MOLLAH, R/O VILL. TUMNI LAWKHOWA, P.S. SOUTH SALMARA, DIST. SSM MKCR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PP, ASSAM.
2:MONNAF ALI S/O LT. NURUL ISLAM VILL. TUMNI LAWKHOWA P.S. SOUTH SALMARA DIST. SSM MKCR ASSAM Advocate for the Petitioner : MR A W AMAN, A S CHOUDHURY,MR SARFRAZ NAWAZ,MR.
SURAJIT DAS Advocate for the Respondent : PP, ASSAM, R K TALUKDAR(R-2),H BHUYAN (R-2),MR M HAZARIKA(R-2),MR. M U E BHUYAN(R-2),MR K BHUYAN(R-2)
BEFORE
HON’BLE MR. JUSTICE PRANJAL DAS
O R D E R
Page No.# 2/3
15.10.2025
Heard Mr. A.S. Choudhury, learned counsel for the petitioner. Also heard Mr. D.P. Goswami, learned Addl. P.P. for the State respondent.
2. This application under Section 483 of BNSS, 2023 has been filed by the petitioner, namely, Mohajen Mollah @ Mowazzen Mollah praying for regular bail in connection with South Salmara P.S. Case No. 78/2025 registered under Sections 329(4)/351(2)/64(1) BNS, 2023 R/W Section 4 of POCSO Act.
3. Pursuant to issuance of notice upon the respondent no.2, the learned counsel for the petitioner appears on behalf. The accused is stated to be arrested on 16.07.2025 and as on today has completed 91 days pre-trial detention.
4. The learned Addl. P.P. upon instruction has submitted that the investigation is not yet complete. In the said situation, the accused has become entitled to default bail.
5. Accordingly, the accused/petitioner herein is allowed to go on bail of Rs. 30,000/- with one surety of like amount to the satisfaction of the concerned learned Special Judge, South Salmara and subject to the following conditions that:- (i) That the accused shall be available for the trial; (ii) That the accused shall not hamper or tamper with the evidence; (iii) That the accused shall not intimidate or harass to the informant side or any witnesses.
6. Violation of bail conditions might entail cancellation of the bail.
Page No.# 3/3
7. This bail application stands allowed and disposed of.
JUDGE Comparing Assistant