JAHARUL ISLAM @ JOHRUL v. THE STATE OF ASSAM AND ANR
AB/2270/2025 · 2025-10-27
Pranjal Das
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26255 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26255 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010198142025
2025:GAU-AS:14371
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2270/2025 JAHARUL ISLAM @ JOHRUL S/O MOTIBAR RAHMAN VILL- CHAKLA PT.I P.S. ABAHYAPURI DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:MOMTAJ BEGUM W/O LATE ABDUL ROUF VILL- CHAKLA PT.I P.O. MANIKPUR P.S. ABHAYAPURI DIST BONGAIGAON ASSAM PIN-783392 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS,AMICUS CURIAE, (R-2),MR. A S AHMED (R-2),T UDDIN(R-2),MR. S AHMED(R-2)
BEFORE
HON’BLE MR. JUSTICE PRANJAL DAS
Page No.# 2/3 O R D E R
28.10.2025
Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State and Mr. S. Ahmed, learned counsel for the respondent no.2/Informant.
2. This petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Jaharul Islam @ Johrul has prayed for granting pre-arrest bail in connection with Abhayapuri P.S. Case No.139/2025, under Section 143(2)/64(1)/3(5) of BNS, R/W Section 6 of the POCSO Act.
3. The accused person was named in the FIR dated 21.06.2025. It is alleged that the victim girl, who is a minor aged about 16 years was raped by accused no. 2, after she was taken to the accused house by the accused no.1. Thereafter, she was taken to another place and other persons are also alleged to the committed such rape.
4. It is submitted by the learned Addl. P.P. on the basis of the case diary received that the allegations are serious and find support from the investigation including the statement of the victim girl recorded by the learned JMFC. Since, the said statement indicating that her age as 15 years 5 months.
5. Mr. S. Ahmed, learned counsel appearing on behalf of informant also objects to the grant of bail.
6. Investigation is in progress. Accordingly, I find that it is not a fit case for grant of pre-arrest bail at this stage. Accordingly, this anticipatory bail application stands rejected.
Page No.# 3/3
7. Send back the case diary.
JUDGE Comparing Assistant