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2025 DAILYLAW 24916 (GAU)

RAJIBUL ALI v. THE STATE OF ASSAM AND ANR

Bail Appln./2893/2025 · 2025-12-03

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010197752025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2893/2025 RAJIBUL ALI S/O KASEM ALI VILL- BANDALI RESERVE P.S. TARABARI DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, GOVT. OF ASSAM 2:SHAH ALOM S/OLATE SEKANDAR ALI PRESENTLY RESIDING AT SHAKUNTALA PANDU P.S. JALUKBARI DIST. KAMRUP (M) ASSAM PERMANENT RESIDENT OF VILL-FAKIRGANJ SUTKOLIA PART-II P.S. FAKIRGANJ DISDT. DHUBRI ASSAM MOBILE NO. 690145383 Advocate for the Petitioner : MR. A M KHAN, MR. A HUSSAIN,R. ALI,MR T T MONI Advocate for the Respondent : PP, ASSAM, MR A.K. HAJONG (R-2),MR. S. K. CHAKMA(R- 2),MS. D GHOSH(R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 04.12.2025 Heard Mr. A. M. Khan, learned counsel appearing for the accused applicant and Mr. B. Sarma, learned Addl. PP for the State. 2. This is an application under Section 483 of BNSS, 2023 praying for release of the accused applicant in connection with Jalukbari P.S. Case No. 348/2025 registered under Section64 of BNS read with Section 4 of POCSO Act. 3. The gist of the allegation as narrated in the FIR dated 16.08.2025 filed by the mother of the victim girl is that her minor daughter was repeatedly raped by the accused applicant by mixing certain intoxicated object in her drink. It was also alleged that the accused applicant has video-graphed the alleged incident in his mobile and thereafter, black mailed and threatened the victim girl that in the event of disclosure of the aforesaid offence, the videos would be made viral. In view of the filing aforesaid FIR, the Police has registered Jalukbari P.S. Case No. 348/2025 under the aforementioned sections. 4. The learned counsel appearing for the accused applicant submits that the accused applicant is behind the bar for more than 108 days and the accused applicant is a young boy of 18 years studying in Higher Secondary, 2nd year. He submits taking into the facts that he has already spent 108 days and taking into account that the accused applicant is a young boy, this Court should allow him to go on bail. Page No.# 3/3 5. The learned Addl. PP Mr. Sarma submits that there are prima facie incriminating materials against the accused applicant, therefore, the bail should not be granted, at this stage. 6. This Court has gone through the TCR which has been received from the Court learned Addl. Special Judge, POCSO, Kamrup. 7. On perusal of the records and on finding serious incriminating materials against the accused applicant, this Court is of the considered opinion that this application does not merit any bail to the accused applicant, at this stage. 8. In view of the aforesaid discussions and findings, this Bail Application stands disposed of, as rejected. JUDGE Comparing Assistant