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2025 DAILYLAW 9095 (GAU)

JEHERUL ISLAM v. THE STATE OF ASSAM AND ANR.

Bail Appln./759/2025 · 2025-05-07

Susmita Phukan Khaund

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010052942025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./759/2025 JEHERUL ISLAM S/OABJALUR RAHMAN R/O VILL-TAPAJULI P.S. KALGACHIA DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, GOVT.OF ASSAM 2:JELEKA KHATUN W/O LALCHAND ALI R/O BAMUNPARA SANTI NAGAR PATH LOKHARA P.S.GARCHUK GUWAHATI DIST.KAMRUP (M) ASSAM PERMANENTLY RESIDENCE AT VILL-BARBALA P.S. HOWLY DIST. BARPETA ASSAM M.NO.8133096738 Advocate for the Petitioner : MR K BHUYAN, MR N ISLAM Page No.# 2/3 Advocate for the Respondent : PP, ASSAM, MR. S. K. CHAKMA(R-2),MR A.K. HAJONG (R- 2),MS N DEKA(R-2),MR I CHAKMA(R-2),MS. D GHOSH(R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 08.05.2025 1. Heard learned counsel Mr. K. Bhuyan for the petitioner Jeherul Islam. 2. The petitioner has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 22.10.2024 in connection with Sessions (Spl) Case No. 301/2024 arising out of Garchuk Police Station Case No. 331/2024 under Sections 87/127(2)/76/77 of the BNS read with Section 8 of the POCSO Act. 3. Heard Mr. B. Sharma, learned Additional Public Prosecutor for the respondent State and learned counsel Ms. N. Deka for the respondent No. 2. 4. It is submitted on behalf of the petitioner that the victim is not a minor. The evidence of the Investigating Officer clearly reveals that there are contradictory statements relating to the age of the victim and this is the reason why the petitioner deserves bail. The petitioner has also prayed for bail on the ground of his prolonged detention. 5. It is submitted that the petitioner is suffering immensely from a false case brought up against him. 6. Learned Additional Public Prosecutor and learned counsel for the respondent No. 2 has raised serious objection stating that this case is almost at the fag end of the trial. Page No.# 3/3 7. I have considered the submissions at the Bar with circumspection. This case is indeed at the fag end of the trial. 8. I have also scrutinized the Case Diary and the Trial Court Records, and I am hesitant to grant bail at the fag end of the trial. 9. Petition stands rejected at this stage. 10. The Learned Trial Court is directed to make every endeavour to conclude the trial expeditiously. 11. In terms of the above observation, bail application stands disposed of. JUDGE Comparing Assistant