KHALEK MONDAL AND ANR v. THE STATE OF ASSAM AND ANR
AB/2380/2025 · 2025-11-24
Shamima Jahan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26713 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26713 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010217932025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2380/2025 KHALEK MONDAL AND ANR S/O- AINAL MONDAL. VILL.- NORTH TOKRERCHARA PT-I, P.S -GOLAKGANJ, DIST- DHUBRI, ASSAM 2: ALEYA KHATUN D/O- AINAL MONDAL. VILL.- NORTH TOKRERCHARA PT-I P.S -GOLAKGANJ DIST- DHUBRI ASSA VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:ANORA KHATUN D/O- BHOLA MONDAL. VILL.- NORTH TOKRERCHARA PT-I P.S -GOLAKGANJ P.O.- TOKRERCHARA DIST- DHUBRI ASSAM PIN - 78333 Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.11.2025
Heard Mr. S. Islam, learned counsel appearing on behalf of the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. 2. By this application, the petitioner has sought for pre-arrest bail in connection with PRC Case No. 5360/2022, registered under Section 370/511/34 of the IPC corresponding to Golakganj Police Station Case No. 350/2017, registered under Section 370 of IPC, pending in the Court of Ld. Additional Chief Judicial Magistrate, Dhubri. 3. The FIR dated 26.04.2017, reveals that when the informant went along with petitioner No. 2 to the house of the sister of the petitioner No. 2, the informant was administered sedative and found herself later in Delhi and also found 2 (two) unknown miscreants sitting beside her. It is further alleged in the FIR that petitioners sold her to a brothel in Delhi and was kept confined in the room but then she somehow escaped with the help of another person, who sent her by train and she finally she reached her house. It is as such alleged that both the petitioners had kidnapped her and sold her to the brothel in Delhi. Page No.# 3/4
4. Mr. Islam, learned counsel for the petitioner, submits that the police had investigated the case and submitted Charge Sheet on 30.06.2022 and the proceedings are initiated. He submits that the petitioner would appear before the Trial Court and would face the trial without any fail. 5. Mr. B. Sharma, learned Additional Public Prosecutor, submits on perusal of the case records that the petitioners had kidnapped the victim and sold her to a brothel from where the victim somehow managed to escape. 6.
I have heard the counsels and have gone through the case records, in view of the submissions made at the Bar and more so, that the case was registered in the year 2017 and the charge sheet was submitted in the year 2022 and the proceedings have been initiated. This Court deems it fit that the petitioner be released on pre-arrest bail on furnishing of a bail bond of Rs.20,000/-(Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the Ld. Additional Chief Judicial Magistrate, Dhubri, under the following conditions : (i) The petitioners to appear before the learned Court on every subsequent dates without fail. (ii) The petitioners would not influence the witnesses connected with the case. Page No.# 4/4
7. Accordingly the petition is disposed off. JUDGE Comparing Assistant