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2025 DAILYLAW 2438 (GAU)

MD. NAUSED ALI v. THE STATE OF ASSAM AND ANR

Bail Appln./4101/2025 · 2026-01-26

Parthivjyoti Saikia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010280362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4101/2025 MD. NAUSED ALI S/O- LATE ALI AKBAR,R/O-VILLAGE BHOJKHOWA CHAPORI,P.S- TEZPUR, DISTRICT- SONITPUR, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:FAIJUL ISLAM S/O- LATE ABDUL SATTAR R/O- VILLAGE- BHOJKHOWA CHAPORI P.S.- TEZPUR DISTRICT- SONITPUR ASSA Advocate for the Petitioner : MR A DEKA, MR S DEWRI,TAWHID LASKAR Advocate for the Respondent : PP, ASSAM, MR. DARAK ULLAH(AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.01.2026 Heard the learned counsel Mr. S Dewri appearing for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Additional Public Prosecutor appearing for the State of Assam- respondent No.1 and Mr. Darak Ullah, the learned Amicus Curiae appearing for the Page No.# 2/2 respondent No. 2. 2. This is an application under Section 483 of the BNSS, 2023 in respect of Special POCSO Case No. 179/2023 pending in the Court of the learned Special Judge (POCSO), Tezpur in the district of Sonitpur, Assam. 3. By filing this petition, the petitioner Md. Naused Ali has prayed for releasing him on bail. 4. Out of 7 (seven) witnesses, 6(six) witnesses have already been examined and only 1 (one) witness remains to be examined. 5. This Court is of the opinion that at this stage allowing the bail prayer of the petitioner may hamper the ongoing trial of the case before the trial court. 6. Therefore, this application is rejected and stands disposed of accordingly. JUDGE Comparing Assistant