Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 8314 (GAU)

MOIDUL HOQUE SARKAR v. THE STATE OF ASSAM AND ANR.

AB/533/2025 · 2025-06-26

Parthivjyoti Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/2 GAHC010041302025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/533/2025 MOIDUL HOQUE SARKAR S/O HAMID ALI SARKAR VILL-BINYASARA PT.I, P.S.GOLOKGANJ DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:SIRAJUL HOQUE S/O LATE ABDUR RAHMAN VILL- DURAHATI P.O. TISTARPAR P.S.AND DIST. DHUBRI ASSAM PIN-78332 Advocate for the Petitioner : MR H R A CHOUDHURY, MR A AHMED,MR. A AHMED Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS, AMICUS CURIAE BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.06.2025 Heard Mr. A Ahmed, the learned counsel appearing for the petitioner. Also heard Mr. M P Goswami, the learned Additional Public Prosecutor appearing for the State of Assam as well as Mr. S Das, the learned Amicus Curiae appearing for the respondent Page No.# 2/2 no. 2. 2. This is an application under Section 482 of the BNSS, 2023 in respect of Special Case No. 569/2024 pending in the court of the learned Additional Sessions Judge- cum-Special Judge (POCSO), Dhubri. 3. Mr Goswami has objected to this bail application. 4. The petitioner Moidul Hoque Sarkar is named in the FIR. He has received summons from the Trial Court. He now apprehends that if he appears before the Trial Court, he will be remanded to custody. 5. Mr. Ahmed submits that the petitioner is interested in facing the trial and therefore, he should be given adequate opportunities to that effect. 6. Since the petitioner is interested in facing the trial, this Court is of the opinion that the petitioner deserves to be given adequate opportunities. 7. Therefore, the petitioner is directed to appear before the Trial Court on 17.07.2025. On his appearance, the petitioner Moidul Hoque Sarkar shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Special Judge (POCSO), Dhubri. 8. The petitioner is directed to appear before the Trial Court on each and every date of hearing. If he fails to appear without showing sufficient reasons, the Trial Court shall have the liberty to procure his attendance. 9. The petitioner shall not threat the witnesses or try to influence any of them. With the aforesaid direction, the anticipatory bail application stands disposed of. JUDGE Comparing Assistant