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2025 DAILYLAW 27098 (GAU)

JASIM UDDIN LASKAR AND ANR v. THE STATE OF ASSAM

Bail Appln./3740/2025 · 2025-12-07

Pranjal Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010254902025 2025:GAU-AS:16946 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3740/2025 JASIM UDDIN LASKAR AND ANR S/O JALAL UDDIN, R/O VILL BAKRIHAWAR PART X, PO NORTH NARAINPUR, DIST HAILAKANDI, ASSAM, PIN 788801 2: ABU SALAM S/O SAMAS UDDIN R/O VILL SRIKONA PART I PO SRIKONA DIST CACHAR ASSAM PIN-78802 VERSUS THE STATE OF ASSAM THROUGH THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M H LASKAR, MR. S ROY,M. HOSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 08.12.2025 1. Heard Mr. S. Roy, learned counsel appearing for the accused petitioners as Page No.# 2/3 well as Mr. P. Borthakur, learned Addl. P.P., Assam appearing for the State respondent. 2. This petition under Section 483 of the BNSS, 2023 has been filed by the accused-petitioners, namely, Jasim Uddin Laskar and Abu Salam praying for grant of bail in connection with Badarpur P.S. Case No.64/2025 under Sections 127(2)/74/75/76/3(5) of the BNS Act which after completion of investigations resulted in charge-sheet and presently pending before the learned trial court and charges are also stated to be framed under Section 127(2)/3(5)/74/76/75/3(5) of BNS. 3. The FIR has been lodged by the father of the alleged victim girl with the allegation that she boarded a bus which did not have other passengers and the driver and the handyman tried to molest and rape her. Later on, she was found in an unconscious state and rescued by people. 4. The learned counsel submitted that the petitioners having been arrested on 02.04.2025 have spent more than 250 days in custody and the case is at the stage of trial. 5. Scanned record is available. 6. I have perused the statement of the victim girl recorded by police during investigation in which she narrates the incident on similar lines as in the FIR. It is stated that luckily she could send her live location to her uncle from her mobile phone, which helped in her rescue. 7. Learned Additional Public Prosecutor opposes the bail strongly considering the serious nature and manner of the alleged offence. He also submits examination of the victim is very much important. 7. The petitioner’s counsel, on the other hand, submits that they have Page No.# 3/3 already spent considerable time in detention 8. I have given my anxious consideration to the materials on record and also the submissions of the counsel from both the sites. 9. Undoubtedly, the length of detention is on the higher side and the case is at the stage of trial. However, it is true that as rightly contended by the prosecution, the manner of the alleged offense is indeed very serious and it would be prudent to allow the examination of the victim and other crucial witnesses like the informant. Accordingly, I am constrained to reject the bail at this stage. 9. Accordingly, this bail application stands rejected and disposed of. 10. Return the case diary. JUDGE Comparing Assistant