GOLAM MOSTAFA ALIAS MOSTUFA AND ANR v. THE STATE OF ASSAM
AB/2470/2025 · 2025-11-26
Pranjal Das
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27505 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27505 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010229212025
2025:GAU-AS:16171
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2470/2025 GOLAM MOSTAFA ALIAS MOSTUFA AND ANR S/O LATE HASEN ALI R/O SARU ARI KATI (KEMPOPARA) P.S. BOKO DIST. KAMRUP, ASSAM 2: FORIDUL ISLAM @ SORIF ALI S/O SHORIF UDDIN @ SORIF ALI R/O SARU ARI KATI (KEMPOPARA) P.S. BOKO DIST. KAMRUP ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : K RAHMAN, MR. S ALAM,MR J RAHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HON’BLE MR. JUSTICE PRANJAL DAS ORDER
27/11/2025 Heard Mr. J Rahman, learned counsel for the petitioners and Mr. P Borthakur learned Additional Public Prosecutor for the State. Page No.# 2/3
2. This application under Section 482 of BNSS, 2023 has been filed by the accused petitioners, namely, (1) Golam Mostafa @ Mostufa and (2) Foridul Islam @ Foridul Hoque, seeking pre-arrest bail in connection with Boko Police Station Case No. 298/2025 registered under Sections 126(2)/117(2)/308(1)/3(5) of BNS, read with Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 corresponding to G.R. Case No. 333/2025. 3. The gist of the allegations is that some boys were caught committing theft of sweets from one tea shop of the accused No.4 in the FIR and it is further alleged that all the FIR named accused were caught and instead of handing over to the Police, assaulted them inside the house of the accused No.1 and also cut their hairs badly and also urinated in their mouth. 4. It is further alleged that the accused persons imposed penalty of Rs.30,000/- to the guardians of the boys. 5. The petitioners were granted interim bail vide order dated 17.10.2025. 6. The case diary has been received. 7. It is submitted by the learned Additional Public Prosecutor, Assam that the accused petitioners have appeared before the concerned Investigating Officer and their statements have been recorded. 8. It is submitted that from the statements of witnesses, there are some implications against the petitioners and indicates their involvement in so called moral policing while committing the alleged acts. 9. Therefore, considering the progress of investigation and the co-operation rendered by the accused petitioners, I do not deem it necessary to cancel the
Page No.# 3/3 interim bail.
Accordingly, the interim bail granted to the accused petitioners, named above, is hereby made absolute, subject to the conditions that: (i) the petitioners shall co-operate with the further investigation; (ii) the petitioners shall not hamper or tamper with the evidence; and (iii) the petitioners shall not misuse their liberty to commit any illegal activities. 10. Violation of the bail conditions would entail cancellation of the bail. 11. Anticipatory bail application stands allowed and disposed of on the aforesaid terms. 12. Return back the case diary. JUDGE Comparing Assistant