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2025 DAILYLAW 27286 (GAU)

FAIZUL ISLAM MIRA ALIAS SAHIM MIRA CHOUDHURY v. THE STATE OF ASSAM AND ANR

AB/2385/2025 · 2025-11-30

Anjan Moni Kalita

body2025

Judgment text

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Page No.# 1/2 GAHC010219692025 2025:GAU-AS:16422 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2385/2025 FAIZUL ISLAM MIRA ALIAS SAHIM MIRA CHOUDHURY S/O LATE ABDUL MUQUITH MIRA, R/O HAILAKANDI TOWN, WARDNO. 11, P.O. RATANPUR ROAD, P.S. AND DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:SIRAJ UDDIN CHOUDHURY S/O LATE SUNAHAR ALI CHOUDHURY VILL- GANGPAR DHUMKAR PT.IV P.O. HAILAKANDI P.S. AND DIST. HAILAKANDI ASSA Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE,(R-2) BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 01.12.2025 Heard Mr. A.M. Barbhuiya, learned counsel appearing for the accused- applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor for the Page No.# 2/2 State and Mr. S. Nawaz, learned Amicus Curiae appearing for the respondent no. 2. 2. This is an application under Section 482 of the BNSS, 2023, has been instituted praying for pre-arrest bail in favour of the accused-applicant, Faizul Islam Mira @ Sahim Mira Choudhury, in connection with Hailakandi P.S. Case No. 79/2025 registered under Sections 137(2)/64(1)/3(5) of BNS, read with Sections 4(1)/17 of POCSO Act. 3. Vide an order dated 26.09.2025, a Coordinate Bench of this Court has already allowed the accused-applicant to go on pre-arrest bail and the accused- applicant has already appeared before the I.O. 4. The learned Additional Public Prosecutor submits that the Charge-Sheet in the instant case has already been filed vide C.S. No. 177/2025 dated 12.09.2025. 5. The learned counsel for the accused-applicant prays that the he should be protected for some time so that he can appear before the learned Trial Court. 6. After considering the entire matter, this Court is of the view that the accused-applicant should be granted 10(ten) days time to appear before the learned Trial Court i.e. learned Special Judge, Hailakandi. On his appearance, the accused-applicant shall have the liberty to pray for appropriate relief before the learned Trial Court. 7 Accordingly, the instant Anticipatory Bail application is disposed of. JUDGE Comparing Assistant