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2025 DAILYLAW 2930 (GAU)

MAHAMMAD ALI v. THE STATE OF ASSAM AND ANR

AB/2994/2025 · 2026-03-24

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010279782025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2994/2025 MAHAMMAD ALI S/O AIN UDDIN, R/O SONARI GAON, P.S. DHING, DIST. NAGAON, ASSAM, PIN 782123 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM. 2:AFAZ UDDIN AHMED S/O LATE ALAL UDDIN R/O VILL- SONARI GAON P.S. DHING P.O. SONARIGAON DIST. NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR H R A CHOUDHURY, MR Z HUSSAIN,MS B B AHMED,MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ,MR SARFRAZ NAWAZ BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 25.03.2026 Heard Mr. Z Hussain, learned counsel representing the petitioner. Also heard Mr. Page No.# 2/2 Bhaskar Sharma, learned Additional Public Prosecutor, Assam and Mr. Sarfraz Nawaz, learned Amicus Curiae representing the respondent no. 2. By this application filed under Section 482 of the BNSS, 2023, the petitioner Mahammad Ali has prayed for pre-arrest bail in connection with Sessions (POCSO) Case No. 182/2025 arising out of Dhing P.S. Case No. 46/2025 pending in the Court of the learned Additional Sessions Judge No. 1-cum-Special Judge, POCSO, Nagaon. The petitioner has been shown as absconder in the charge sheet. The petitioner has received summon from the Court but apprehends that if he will appear before the trial court he may be remanded to custody. The petitioner has submitted that he has been unnecessarily implicated in this case. The petitioner further submits that he is interested in facing the trial. I have considered the submissions made by the learned counsel for both sides. Since the petitioner is interested in facing the trial and willing to contest the case, this Court is of the opinion that an adequate opportunity should be given to the petitioner to that effect. The petitioner is directed to appear before the learned Additional Sessions Judge No. 1- cum-Special Judge, POCSO, Nagaon within next 7 (seven) days. On his appearance, the petitioner shall be allowed to go on bail of Rs.25,000/- in connection with Sessions (POCSO) Case No. 182/2025 arising out of Dhing P.S. Case No. 46/2025 with one surety of like amount to the satisfaction of the learned Additional Sessions Judge No. 1-cum-Special Judge, POCSO, Nagaon. The bail application is disposed of. JUDGE Comparing Assistant