ABDUL REJAK ALIAS REJAK ALI v. THE STATE OF ASSAM AND ANR
Bail Appln./3584/2025 · 2025-12-07
Mridul Kumar Kalita
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26329 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26329 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010244132025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3584/2025 ABDUL REJAK ALIAS REJAK ALI S/O LT. HUSSAIN ALI,R/O VILL.-LECHARIBORI,P.S.-MAYONG,DIST- MORIGAON, ASSAM, PIN- 782126 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:SAMALA KHATUN W/O- ABUL HUSSAINR/O-MERORHABI P.S.- MAYONGDIST.-MORIGAON ASSAM PIN- 78212 Advocate for the Petitioner : MR B M DEKA, MD B ISLAM,MR M HOQUE,MR. MASUM ALAM Advocate for the Respondent : PP, ASSAM, MR R A AHMED (R-2),MR. A A MONDAL (R-2),MR A ALAM (R-2),MR. S UDDIN (R-2)
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BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 08.12.2025
1. Heard Mr. B. Islam, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent as well as Mr. A. Alam, the learned counsel for the respondent No. 2. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Abdul Rejak @ Rejak Ali, who has been detained behind the bars since 03.09.2025 (for the last 96 days) in connection with Mayong P. S. Case No. 105/2024 under Sections 61(2)/142 of the BNS, 2023 read with Section 6 of the POCSO Act, 2012. 3. This is for the second time, the petitioner has approached this Court seeking bail. His prayer for bail on the earlier occasion was rejected by this Court by order dated 26.09.2025 in AB/1972/2025. 4. The learned counsel for the petitioner submits that as the petitioner is detained behind the bars for the last 96 days, he has completed the maximum statutory period of detention during the investigation period and, hence, he is entitled to get bail on that ground. 5. Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent also endorsed the fact that he has completed the maximum period of detention during investigation. Page No.# 3/3
6. Considering the above facts and circumstances, the petitioner is allowed to go on bail of Rs. of 30,000/- (Rupees Thirty Thousand) only with one surety of like amount subject to the satisfaction of the learned Special Judge, Morigaon with the following conditions:- i. The petitioner shall co-operate in the investigation, ii.
The petitioner shall not directly or indirectly make any inducement, threat or promise to the informant or to other person who may be acquainted with the facts of the case so as to dissuade such person from disclosing such facts before the Investigating Officer or to any Court. 7. With the above observations, this bail application is disposed of. 8. Send back the case diary. JUDGE Comparing Assistant