SRI SHOHIDUL ISLAM ALIAS MD SHOHIDUL SHAIK v. THE STATE OF ASSAM AND ANR
AB/2376/2025 · 2025-12-17
Anjan Moni Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25936 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25936 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010219552025
2025:GAU-AS:17613
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2376/2025 SRI SHOHIDUL ISLAM ALIAS MD SHOHIDUL SHAIK S/O SHOMSEN ALI SHAIK, RESIDENT OF POLASHGURI, P.S. GOSSAIGAON, DIST. KOKRAJHAR, BTR, ASSAM PIN- 783361 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SRI SUJIT BISWAS (INFORMANT) S/0 LATE RABINDRA BISWAS RESIDENT OF NO. 2 BHPMRABIL P.O. GOLADANGI P.S. GOSSAIGAON DIST. KOKRAJHAR BTR ASSAM PIN- 78336 Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL,MR. A DEB,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, MR. A PHUKAN, Amicus Curiac, (R-2)
BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA
Page No.# 2/3
ORDER 18.12.2025 Heard Mr. A.A.R. Karim, learned counsel appearing for the accused/applicant. Also heard Mr. P. S. Lahkar, learned Addl. P.P., Assam appearing for the State. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail to the accused/applicant in connection with Gossaigaon P.S. Case No.153/2021 registered under Sections 448/372/363 of the IPC read with Section 4 of the POCSO Act, 2012. The gist of the allegation as narrated in the F.I.R. dated 28.03.2021 lodged by one Sri Sujit Biswas, who is the father of the minor daughter, namely, Ms. X alleging that the accused person has kidnapped his minor daughter for the purpose of human trafficking. However, when the girl was recovered from Gossaigaon it was found that the girl has been sexually assaulted and raped by the accused/applicant. On receipt of the F.I.R., the police registered Gossaigaon P.S. Case No.153/2021 under the aforementioned sections. The learned counsel for the accused/applicant submits that the F.I.R. was lodged long back in the year 2021. However, the police has started visiting the place of the accused/applicant recently and therefore, he has serious apprehension that he may be arrested in connection with the aforesaid case. He further submits that investigation in the instant case is almost concluded as one Charge-sheet was filed
Page No.# 3/3 but the same was returned by the Trial Court. In view of the aforesaid, he submits that since the F.I.R. was lodged about 4 years back and he is willing to cooperate with the investigation in the case, he should be allowed to go on pre-arrest bail at this stage. The learned Addl. P.P., on the other hand, submits that there are sufficient materials indicating his involvement in the instant case in the Case Diary. Therefore, the accused/applicant should not be allowed to go on pre-arrest bail at this stage since the investigation is still going on. This Court has gone through the Case Diary as well heard the
submissions made by the learned counsel for the respective parties. Having found sufficient prima-facie materials implicating the accused/applicant in the instant case, this Court does not find it a fit case to grant the privilege of pre-arrest bail to the accused/applicant at this stage. In view of the aforesaid, the instant Anticipatory Bail Application is dismissed.
JUDGE Comparing Assistant