Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/341/2025 MD SALEH AHMED S/O- RAHIM UDDIN, R/O- VILL- OKSEK, P.S- MURAJHAR, DIST- HOJAI, ASSAM, PH. 9577748268 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR D MEDHI, MR. A HUDA,MR K THAKUR Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.02.2025
Heard Mr. B. Ali Sheikh, the learned counsel appearing for the petitioner and Mr. K. Baishya, the learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of P.R.C. Case No. 1343/2022 pending in the court of the learned Judicial Magistrate 1st Class, Sankardev Nagar, Hojai.
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3. The petitioner alleged kidnapped a girl and kept her in his house for 6 (six) months. He had physical relationship with the girl. After about 4 (four) months, the petitioner allegedly drove her away from his house for want of dowry. Thereafter, she lost contact with the petitioner. Subsequently, the girl came to know that the petitioner had married three other girls.
4. Police filed charge-sheet under Sections 366/376 of the Indian Penal Code. After filing of the charge-sheet, summons was issued to him by the Magistrate.
5. The petitioner is interested in facing the trial, but he has the apprehension that if he appears before the court of the learned Judicial Magistrate 1st Class, Sankardev Nagar, Hojai, he will be remanded to custody because the said court does not have the jurisdiction to entertain his bail application.
6. Under the given circumstances of the case, the petitioner does not deserve to be detained in custody. Therefore, his bail application is allowed.
7. It is hereby directed that whenever the petitioner Md. Saleh Ahmed appears before the court of the learned Judicial Magistrate 1st Class, Sankardev Nagar, Hojai in connection with P.R.C. Case No. 1343/2022, he shall be released on bail of ₹ 20,000/- with a surety of like amount to the satisfaction of the arresting authority.
8. With the aforesaid direction, the bail application stands disposed of.
JUDGE Comparing Assistant