Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 7140 (GAU)

ROKIBUL ISLAM @ RAKIBUL ALI v. THE STATE OF ASSAM AND ANR.

AB/380/2025 · 2025-03-24

Manash Ranjan Pathak

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010025782025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/380/2025 ROKIBUL ISLAM @ RAKIBUL ALI S/O RAHUL AMIN R/O VILL-NO. 2 KAWADI P.O. SONAIKHOLA P.S. MANIKPUR DIST.BONGAIGAON, ASSAM PIN-783391 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SAHEDA KHATUN D/O LATE TASER ALI R/OVILL- LUNGJHAR P.S. MANIKPUR P.O. FAGUNAGAON DIST. BONGAIGAON ASSAM PIN--78339 Advocate for the Petitioner : MR. M U MAHMUD, MS. F RAHMAN,MR S ISLAM,MS. B CHETIA,MS. D BORA,MR S H MAHMUD Advocate for the Respondent : PP, ASSAM, MD. ANARUL ISLAM(R-2),MR. M ALI (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 25.03.2025 Heard Mr. M U Mahmud, learned counsel for the petitioner and Mr. M P Goswami, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. R Islam, learned counsel appearing on behalf of Mr. M Ali, learned counsel for the respondent No.2. 2. Apprehending his arrest, petitioner, namely, Rokibul Islam @ Rakibul Ali, son of Rahul Amin, resident of village-No 2 Kawadi, Police Station-Manikpur, District- Bongaigaon has filed this application under Section 482 BNSS, seeking pre-arrest bail in Manikpur Police Station Case No. 152/2024 registered under Sections 126(2)/127(2)/137(2)/65(1) of BNS read with Section 4 of the POCSO Act, corresponding to G.R. No. 662/2024. 3. During the deliberation of the matter, Mr. M P Goswami, learned APP, Assam, on instruction, has submitted that police after completion of the investigation of the case has already submitted Charge-Sheet in said Manikpur P.S. Case No. 152/2024 vide Charge Sheet No. 12/2024 dated 30.01.2025. 4. In view of the above, the petitioner is directed to appear before the learned Special Judge (POCSO), Bongaigaon for his regular bail in said G.R. No. 662/2024 arising out of Manikpur P.S. Case No. 152/2024. 5. Mr. M U Mahmud, learned counsel for the petitioner placed a copy of an affidavit sworn on 11.02.2025 by one Mayfala Bibi, mother of the victim girl, stating that due to some misunderstanding she lodged the relevant FIR pertaining to Manikpur P.S. Case No. 152/2024. However, it is seen that the FIR of the case was lodged by the victim girl herself. 6. Earlier the pre-arrest bail application of the petitioner was dismissed by the Court by order dated 07.01.2025 passed in AB No. 14/2025 considering the relevant Sections involved in the case as well as the provisions of Section 482 of the BNSS including Section 482(4) of the BNSS and Page No.# 3/3 Section 65(1) of the BNS, considering that the victim girl of the case is a minor of 16 years of age at the time of the incident. 7. As and when the petitioner approaches the Court of learned Special Judge (POCSO), Bongaigaon for his regular bail in said Manikpur P.S. Case No. 152/2024, he may place all the relevant documents for necessary consideration. 8. Accordingly, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant