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2025 DAILYLAW 25898 (GAU)

MISBAUL ISLAM LASKAR ALIAS MISBAUL HAQUE LASKAR v. THE STATE OF ASSAM

AB/1757/2025 · 2025-11-24

Shamima Jahan

body2025

Judgment text

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Page No.# 1/3 GAHC010161032025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1757/2025 MISBAUL ISLAM LASKAR ALIAS MISBAUL HAQUE LASKAR SON OF SIRAJ UDDIN LASKAR @ SIRU MIA R/O VILL- PANGRAM PART-II, P.S. UDHARBOND, DIST. CACHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM 2:Mustt. Sapna Begum W/O- Md. Zakir Ahmed Talukdar R/O- Vill- Pangram Part-III Dighirpar P S- Udharbond Dist- Cachar Assam- 78803 Advocate for the Petitioner : MR. JUNM LASKAR, MRS R BEGUM,MR P KATAKI,MS. J GHOSH Advocate for the Respondent : PP, ASSAM, MR. T DEURI, AMICUS CURIAE (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.11.2025 Heard Mr. P. Kataki, learned counsel appearing for the petitioner. Also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam and Mr. T. Deuri, learned Amicus Curiae for the respondent No. 2. 2. By this application filed under Section 482 of the BNSS, 2023, the petitioner has sought for anticipatory bail in connection with Udharbond Police Station Case No. 77/2025 corresponding to G.R. No. 1156/2025 under Section 87 of the BNS, 2023, R/w Section 8 of the POCSO Act. 3. The FIR dated 29.06.2025, lodged by the mother of the victim revealed that on 26.06.2025 at about 10 AM in the morning the victim went missing while she was on the way to her school. The informant lodged the Ejahar informing the same and for tracing out her daughter. 4. Mr. Kataki, learned counsel for the petitioner submits that the petitioner had send the victim to the police station after lodging of the FIR and the girl was recovered. Mr. Kataki, further submits that the petitioner was the uncle of the victim and the statement made in the FIR was a concocted one. 5. Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Page No.# 3/3 Assam on perusal of the case diary specially on perusal of the statement of the victim recorded under Section 183 of the BNSS, submits that the petitioner had taken the victim to several place and had sexually assaulted her on various occasions. 6. Mr. Deuri, learned amicus curiae also supports the submissions made by the learned Additional Public Prosecutor. 7. On considerations of the submissions made at the Bar, more so, on perusal of the statement of the victim under Section 183, this Court finds it fit to release the petitioner on pre-arrest bail on furnishing of a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with one local surety of the like amount to the satisfaction of the arresting authority under the following conditions: (i). He should co-operate with the investigation. (ii). He should not influence any witnesses connected with the case. (iii). He should not leave their place of residence without the permission of the arresting authorities. 8. Accordingly, this petition is disposed of. JUDGE Comparing Assistant