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2025 DAILYLAW 25074 (GAU)

NASRUL ISLAM LASKAR ALIAS NASRUL HOQUE LASKAR v. THE STATE OF ASSAM

AB/2550/2025 · 2025-11-18

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010234732025 2025:GAU-AS:15716 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2550/2025 NASRUL ISLAM LASKAR ALIAS NASRUL HOQUE LASKAR S/O - FATIR ALI LASKAR, R/O - VILL - BAGPUR PART - I, P.S. - SILCHAR, PIN - 788101, DIST. - CACHAR, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P, ASSAM Advocate for the Petitioner : MS. S G BARUAH, MS C SAIKIA,MR. S. RONGPI,MR. B BORGOHAIN,MR B SAIKIA,MR. S NEOG Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.11.2025 1. Heard Ms. S.G Baruah, learned counsel for the petitioner. Also heard Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed U/S 482 of the BNSS, 2023 for grant of pre- arrest bail to the petitioner namely Nasrul Islam Laskar @ Nasrul Hoque Laskar, in connection with PRC Case No. 3206/2024 arising out of Silchar Page No.# 2/3 P.S Case No. 2211/2012 corresponding to G.R Case No. 4139/2012 U/S 448/376/34 of IPC. 3. The allegation against the petitioner is that he, along with two of his companions, entered the house of the informant and tried to take her away from the house. Thereafter, all of them removed her clothes and had sexual intercourse with her against her will while the companions of the accused were threatening the two women with weapons and when the daughter of the informant screamed, the accused fled the scene. 4. The case has already been charge-sheeted. 5. On perusal of the record it appears that there are contradictions in the versions of the witnesses with regard to the presence of the companions of the accused as some witnesses stated that they were outside the house. Further, it is submitted that there were other women and daughter and child of the informant present in the house and it is not believable that the accused persons would be able to commit the aforesaid act under such circumstance. 6. Mr. K.K Das, learned Additional Public Prosecutor for the State of Assam submits with reference to the statement of the informant recorded U/S 183 of the BNSS, 2023 that the victim has implicated the petitioner and therefore, opposes the prayer for pre-arrest bail. 7. I find force in the aforesaid submissions of the learned counsel for the petitioner and having regard to the fact that charge-sheet has already been submitted, in the present facts and circumstances it is not necessary for the petitioner to be taken into custody. Accordingly, the prayer for pre-arrest bail is allowed 8. The above named petitioner, in the event of his arrest in the aforesaid case, shall be allowed to go on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with 1(one) surety of like amount to the satisfaction of the Page No.# 3/3 arresting authority. 9. It is provided that the petitioner shall regularly attend the trial, if one commences. JUDGE Comparing Assistant