Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010241362025
2025:GAU-AS:16383
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2598/2025 SAHIDUL ISLAM S/O- ATOWAR RAHMAN, R/O- HARIPUR, PS TARABARI, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:ABDUR ROUF KHAN S/O LT. DOULAT KHANN
R/O KALJHAR P.O. KALJHAR P.S.HOWLI DIST. BARPETA ASSAM PH. NO. 763708821 Advocate for the Petitioner : MR. A KHOUND, N.R. SHARMA Advocate for the Respondent : PP, ASSAM, MR UNUSH KHAN (R-2)
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.12.2025 Heard Mr. A. Khaund, learned counsel for the petitioner. Also heard
Page No.# 2/3 Ms. S. H. Saikia, learned Addl. P.P., Assam appearing for the State. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the accused/petitioner, viz., Sahhidul Islam in connection with Howly P.S. Case No.91/2025 registered under Sections 137(2)/351(2) of the BNS, 2023 read with Section 6/8 of the POCSO Act. The allegation as reflected in the F.I.R. is that the victim, who is the daughter of the informant and was studying in Class-IX and aged about 15 years, was kidnapped on 21.06.2025 by two persons, viz., Rakibul Islam and Abdur Rahman and took her to the garage of the present petitioner situated near Howly National Highway and thereafter, the present petitioner accompanied her in the car and went to the house of present petitioner situated at Haripur Gaon, Tarabari, where the main accused Abdur Rahman forcefully committed sexual intercourse with her. On perusal of the Case Diary, it is submitted by the learned Addl. P.P. that the allegations against the present petitioner of abetting the offences under Section 4 of the POCSO Act are substantiated by the materials on record wherein it appears that the present petitioner cooperated with the main accused and provided his premises for commission of the alleged offence. Considering the above, this Court is of the opinion that the present not a fit case for grant of pre-arrest bail. Accordingly, the prayer for pre- arrest bail stands rejected.
Page No.# 3/3 Return the Case Diary. The Anticipatory Bail Application stands disposed of.
JUDGE Comparing Assistant