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2025 DAILYLAW 8649 (GAU)

SHAHAJ UDDIN v. THE STATE OF ASSAM

AB/521/2025 · 2025-04-03

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010045712025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/521/2025 SHAHAJ UDDIN S/O- TAHEJ UDDIN, R/O- MAJER ALGA, PS FAKIRGANJ, DIST- DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M H LASKAR, M. HOSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 04.04.2025 Heard learned counsel Mr. M.H Laskar for the petitioner Shahaj Uddin who who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection PRC Case No. 512/2024, GR Cas No. 1900/2023 arising out of Fakirganj PS Case No. 181/2023 under Section 406/376(1)/354A/323/294/506 of BNS, 2023. It has been submitted that charge-sheet has been laid against of the petitioner Page No.# 2/2 showing him as absconder. The petitioner never received any summons and he was not aware that this case was pending against him. Charge-sheet was laid against the petitioner on 31.12.2023. Heard Mr. K Baishya, learned Additional Public Prosecutor, Assam I have considered the submissions at the bar. The petitioner is willing to co-operate with the investigation. It is also submitted on behalf of the petitioner that no overt act has been attributed to the petitioner relating to any sexual assault except false allegations have been brought up against him that he rebuked the informant with obscene words and threatened her with dire consequences. As the petitioner is booked under a grave offence, he is apprehending that he may be forwarded to custody and he will be highly prejudiced if he is forwarded to custody in a false case. As the petitioner is willing to co-operate with the trial, he is directed to appear before the jurisdictional Court/Elaka Magistrate on or before 17.06.2025 and apply for bail. The learned Court shall enlarge the petitioner on bail of Rs 30,000/- with a suitable surety of like amount to the satisfaction of the learned Court. The Court may impose conditions to secure attendance of the petitioner. JUDGE Comparing Assistant