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2025 DAILYLAW 26005 (GAU)

RAFIQUL ISLAM v. THE STATE OF ASSAM

Bail Appln./2536/2025 · 2025-11-18

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010171822025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2536/2025 RAFIQUL ISLAM S/O LATE NUR MAHAMMAD R/O TOKORABANDHA P.S. CHAPAR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR K THAKUR, MD IMRAN,MD R ISLAM,MS F HUSSAIN,MS. J. A. RAHMAN,MR. H ALI,MS P BARMAN,MR. SANU HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 19.11.2025 1. Heard Mr. H Ali, learned counsel for the petitioner. Also heard Mr. R.J Baruah, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed U/S 483 of the BNSS, 2023 for grant of bail to the accused/petitioner namely Rafiqul Islam, who was arrested on Page No.# 2/2 02.04.2025 in connection with PRC Case No. 1529/2025 arising out of Bharalumukh P.S Case No. 188/2024 U/S 61(2)/140(3)/140(4)/142/249(C)/103(1) of BNS, 2023. 3. The allegations contained in the FIR is that on 17.10.2024, complainant namely Asiya Khatun lodged an ejahar to the effect that on 03.10.2024 at about 03.00 PM, one Abdulla called the complainant's daughter Miss Ramena Khatun and her husband Md. Rafiqul Islam to Tokorabandha under Bilashipara, Dhubri and they went to the said place. They have taken an amount of Rs.4,00,000/- along with her some gold ornaments. Complainant tried to contact with them but found their mobile phones are switched off. Complainant suspect that Abdulla Ali along with Md. Rafiqul Islam kidnapped his daughter and they sold his daughter somewhere. Hence the case. 4. It is submitted on behalf of the petitioner that the petitioner has been behind bars for the last 7(seven) months and he shall cooperate on the trial, if released on bail. 5. The case has already been charge-sheeted and the case has also been committed. 6. On perusal of the records it appears that there are incriminating materials against the petitioner and also indication of a pre-planned commission of murder. 7. Having regard to the incriminating materials available in the records and the gravity of the offence, the bail petition stands rejected at this stage. 8. Petition stands dismissed. JUDGE Comparing Assistant