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2025 DAILYLAW 2933 (GAU)

MUKTAR AHMED v. THE STATE OF ASSAM AND ANR

AB/3040/2025 · 2026-02-08

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010280562025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3040/2025 MUKTAR AHMED SON OF BODIAR ALI ADDRESS- HOUSE NO. 42, NEAR MASJID, FA AHMED NAGAR, NO. 2 MOTHGHARIA, P.S. NOONMATI, KAMRUP (M), GUWAHATI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM 2:MRIDUL ALI S/O ARAB ALI RESIDENT OF BHASKAR NAGAR HOUSE NO. 1 P.S. CHANDMARI PH. 813485839 Advocate for the Petitioner : J ABBASI, S KAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 09.02.2026 Heard Mr. J Abbasi, learned counsel for the petitioner. Also heard Mr. K K Das, learned Additional Public Prosecutor, Assam as well as Mr. S. Hussain, learned counsel representing Page No.# 2/2 the respondent no. 2. This application has been filed under Section 482 of the BNSS, 2023 by the petitioner Muktar Ahmed praying for pre-arrest bail in connection with Paltanbazar P.S. Case No. 324/2025. The victim girl, aged about 16 years, was learning Judo at Nehru Stadium, Guwahati. The petitioner is her trainer. On one occasion, on the pretext of giver her massage, the petitioner touched her breast. In her statement, recorded under Section 183 of the BNSS, 2023, the informant/victim has supported the prosecution case against the present petitioner. The learned counsel for the respondent no. 2 has submitted that he has no objection if the bail is granted to the present petitioner. I have considered the submission made by the learned counsel for both sides. There are sufficient materials against the petitioner for framing charge under Section 10 of the POCSO Act. Therefore, this is not a fit case for exercising power under Section 482 of the BNSS, 2023. Hence, the prayer for pre-arrest bail is rejected. The bail application is dismissed and disposed of accordingly. Case diary shall be returned. JUDGE Comparing Assistant