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2025 DAILYLAW 19900 (GAU)

SAIDUL ISLAM ALIAS RASHIDUL ISLAM ALIAS SHOHIDUR ISLAM v. THE STATE OF ASSAM

AB/2355/2025 · 2025-09-23

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010219142025 2025:GAU-AS:13188 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2355/2025 SAIDUL ISLAM ALIAS RASHIDUL ISLAM ALIAS SHOHIDUR ISLAM S/O MONIR ALI, RESIDENT OF KOIMARI (GOMAIJHAR) PS LAKHIPUR, DIST GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S PAUL, MS P DASGUPTA,MS F BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 24.09.2025 Heard Mr. S. Paul, learned counsel for the petitioner and Ms. N. Das, learned Addl. Public Prosecutor for the State. By this application the petitioner has prayed for pre arrest bail in connection Page No.# 2/3 with PRC P.S Case No. 76/2024 registered under Section 419/366/376/372/34 IPC corresponding to Fakirganj P.S Case No. 252/2019. The FIR dated 05.10.2019 reveals that the victim/informant fell in love with the petitioner and that two of her friends also fell in love with two other persons named in the said FIR. It is also alleged in the FIR that the petitioner along with two others took the informant as well as her friends to New Bongaigaon Railway Station and from there, they took them to Delhi by train and that by inducing them to marry, established forceful physical relationship with the said girls including the informant. It is also alleged that the petitioner and the other two accused persons had sold the victims including the informant to other persons. Mr. S. Paul, learned counsel appearing for the petitioner submits that the story narrated in the FIR is an incorrect one and that the informant and the petitioner were in love with each other and in pursuant to the same, they went to other places. Ms. N. Das, learned Addl. Public Prosecutor however submits that the allegations made in the FIR are serious to the effect that the victim including the informant was sold off by the petitioner and others to other persons and had prayed for calling of the Case Diary. Heard the counsels and have gone through the records. It is noticed that Page No.# 3/3 charge sheet in connection with the instant case has been submitted and the cognizance is also taken against the petitioner and summons issued to him. It is seen from the FIR that the informant was in love with the petitioner and there was a talk of marriage also going on between them and in view of the said contents, this Court finds it fit that the petitioner may be released on pre arrest bail on furnishing a bail bond of Rs. 20,000/- with one (1) local surety of the like amount to the satisfaction of the learned JMFC, Dhubri with the following conditions:- (1) The petitioner shall cooperate with the trial and appear before the Trial Court within 15 days from the date of this Order and as and when called for the Trial Court. (2) The petitioner shall not tamper with the evidence or influence any of the witnesses. (3) The petitioner shall not leave the jurisdiction of the learned Trial Court without the permission of the said Court. Petition is disposed of. JUDGE Comparing Assistant