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2025 DAILYLAW 19004 (GAU)

RAKIBUL ISLAM v. THE STATE OF ASSAM AND ANR

AB/2189/2025 · 2025-09-25

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010203072025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2189/2025 RAKIBUL ISLAM S/O SAFIUR RAHMAN, R/O KALJHAR, HOWLI, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PP, ASSAM. 2:ABDUR ROUF KHAN S/O LT. DOULAT KHA R/O KALIJHAR P.O.KALIJHAR MOUZA BETBARI P.S. HOWLI DIST. BARPETA ASSAM Advocate for the Petitioner : MS. N CHOUDHURY, N R SARMAH,MR. A KHOUND Advocate for the Respondent : PP, ASSAM, IMDADUL ISLAM (R-2),M RAHMAN(R-2),MR N AHMED(R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 26.09.2025 1. Heard Mr. A. Khound, learned counsel for the accused/petitioner. Also Page No.# 2/2 heard Ms. A. Begum, learned Additional Public Prosecutor, Assam. 2. This petition under Section 482 BNSS is filed for granting the privilege of pre-arrest bail to the petitioner, namely, Rakibul Islam, apprehending arrest in connection with Howly P.S. Case No. 91/2025 registered u/s 137(2)/351(2) of BNS, 2023 read with Section 6/8 of the POCSO Act. 3. As per the allegation the victim girl was kidnapped from her own house by one of the accused and taken to the garage of another co-accused and this was facilitated by the present petitioner who was the driver of the vehicle and one of the co-accused committed penetrative sexual assault upon the victim in the garage while another co-accused committed sexual assault upon the victim girl. 4. Having regard to the materials available in the case dairy and the role of the present petitioner, the prayer for pre-arrest bail is rejected 5. Accordingly this anticipatory bail application stands dismissed. 6. Return the case diary. JUDGE Comparing Assistant