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2025 DAILYLAW 27679 (GAU)

ASHRAFUL ISLAM v. THE STATE OF ASSAM

AB/2585/2025 · 2025-11-11

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010237702025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2585/2025 ASHRAFUL ISLAM S/O- LT. ABDUL JALIL VILL. JUADI (JURIA), P.S.- JURIA DIST. NAGAON ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM Advocate for the Petitioner : MR. A A MONDAL, T R OVUNG,F KHATUN,MR A ALAM,MR R A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 12.11.2025 1. Heard Mr. A.A. Mondal, learned counsel for the petitioner and also heard Mr. R. J. Baruah, learned Addl. P.P for the State. 2. This application under Section 482 of BNSS, 2023, have been filed by the petitioners, namely, Ashraful Islam, seeking pre-arrest bail in connection with Morigaon P.S. Case No.22/2024 under Section 376/313/294/506 of IPC. 3. As per the allegations made in the FIR, the victim who is a major was in love affair with the accused person who promised to marry her and they entered into a physical relationship which continued for a long time. However, Page No.# 2/2 subsequently the accused refused to marry the victim and started abusing and harassing her. 4. Case diary as call for has been received and I have perused the statement of the victim recorded under Section 164 Cr.P.C. 5. There is no allegation of any forceful sexual intercourse and the victim had apparently attained majority at the time when such incident took place. 6. Having regard to the above, the custodial interrogation of the petitioner is not deemed necessary. 7. Accordingly, the prayer for pre-arrest bail is allowed. 8. Accordingly, In the event of arrest the accused-petitioner, named above, on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with one suitable surety of like amount to the satisfaction of the arresting authority shall be released in connection with Morigaon P.S. Case No.22/2024 under Section 376/313/294/506 of IPC. 9. The direction for bail is further subject to the conditions: (a) He shall co-operate with the investigation and appear before the I.O. as and when called for. (b) He shall not try to influence or intimidate the witnesses in any manner. 10. Accordingly, the anticipatory bail application stands allowed and disposed of. 11. Send back the case diary. JUDGE Comparing Assistant