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2025 DAILYLAW 19430 (GAU)

NUR HUSSAIN v. THE STATE OF ASSAM AND ANR

Bail Appln./3116/2025 · 2025-10-15

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010211792025 2025:GAU-AS:13851 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3116/2025 NUR HUSSAIN SON OF CHAN MIYA R/O VILL- GANDAPUKHURI P.S. DALGAON, DIST. DARRANG, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:WAHID MONDAL S/O ABDUL SATTAR R/O VILL- GANDAPUKHURI P.S. DALGAON DIST. DARRANG ASSA Advocate for the Petitioner : MR M HOQUE, Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS(AMICUS CURIAE, R-2) BEFORE HON’BLE MR. JUSTICE PRANJAL DAS O R D E R Page No.# 2/3 16.10.2025 Heard Mr. M. Hoque, learned counsel for the accused petitioner as well as Mr. D.P. Goswami, learned Addl. P.P., Assam appearing for the State respondent and Mr. S. Nawas, learned counsel appearing on behalf of Mr. S. Das, learned Amicus Curiae for the respondent no.2. 2. This application has been filed under section 483 of the Bharatiya Nagarik Suraskha Sanhita, 2023, whereby the accused petitioner namely, Nur Hussain, has prayed for bail in connection with Special (POCSO) Case No.54/2025, U/S 87/64 of the BNS Act, R/W Section 6 of the POCSO Act and Section 9 of the PCM Act arising out of Dalgaon P.S. Case No.80/2025 pending before the learned Special Judge, Darrang, Mangaldai. 3. The accused person is stated to have been arrested on 20.04.2025 and the above case is stated to be pending before the learned Special Judge, Darrang, Mangaldai. 4. In the FIR, it is alleged that the present accused had contracted child marriage with a girl, who aged 17 years who’s also pregnant. The case was charge-sheet, charge framed and presently at the stage of trial. The victim has been examined. From her deposition, it emerges that the parties are married and now, they also have a baby girl, who’s about more than three months old. In her deposition, the victim girl has referred to the accused as a husband. 5. In the given facts and circumstances, the accused herein is allowed to go on bail of Rs. 20,000/- with one surety of like amount to the satisfaction of the concerned learned Court and subject to the following conditions that:- (i) That the accused persons shall be available for the remaining trial; Page No.# 3/3 (ii) That the accused shall not hamper or tamper with evidence. 6. This bail application stands allowed and disposed of. 7. Send back the case diary. JUDGE Comparing Assistant