MUKSIDUL HOQUE ALIAS MUKSIDUL ISLAM v. THE STATE OF ASSAM
Bail Appln./3096/2025 · 2025-10-14
Anjan Moni Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19634 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19634 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010213982025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3096/2025 MUKSIDUL HOQUE ALIAS MUKSIDUL ISLAM S/O MD. ABDUL SUBAN R/O VILL- KUHUMTOLI, P.S. SAMAGURI, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, GOVT. OF ASSAM Advocate for the Petitioner : MS. G BORAH, S CHETIA,MS. M DEKA Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
ORDER Date : 15-10-2025
Heard Ms. G. Bora, learned counsel for the accused applicant. Also heard Mr. R.J. Baruah, learned Additional Public Prosecutor appearing for the State. This application under Section 483 BNSS, 2023 praying for grant of bail to the accused applicant, Muksidul Hoque @ Muksidul Islam in connection with Samaguri P.S. Case No. 188/2025 registered under Section 108 of BNS, 2023.
Page No.# 2/2 The brief facts of the facts as has been narrated in the FIR lodged on 20.08.2025 by one Idris Ali, the father of the victim girl i.e. Kulsuma Khatun alleging that his 17 years old daughter was mentally harassed by the accused person and thereby forced and compelled her to take poison. The victim girl took poison on 15.07.2025 and thereafter, died on 17.08.2025. The case diary in the instant case has been received by this Court.
Learned counsel appearing for the accused applicant submits that the victim girl was infact in a relationship with the accused applicant and the accused applicant wanted to marry her. However, the father of the victim girl was not in favour of such marriage and he wanted to marry her to a different person and in view of that, the victim girl took poison and died.
Learned counsel appearing for the applicant submits that the accused applicant is already in jail for more than 38 days and therefore, there is no apparent requirement for more custodial detention of the accused applicant for investigation by the Investigating Authority. In view of the aforesaid submissions, learned counsel appearing for the accused applicant prays that the accused applicant should be granted bail with such conditions as this Court may deem fit. Learned Additional Public Prosecutor on the other hand submits that there are serious incriminating materials against the accused applicant and in fact there is a dying declaration duly recorded by the doctor, who attended the victim before the victim expired. This Court has perused the dying declaration made by the victim girl before the attending doctor, which is available in the case diary. After considering the arguments forwarded by the respective counsels for the parties and on perusal of the case diary, this Court is not inclined to grant bail to the accused applicant at this stage. In view of the aforesaid, the instant bail application is rejected. Send back the case diary. JUDGE
Comparing Assistant