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2025 DAILYLAW 9262 (GAU)

SAMAD ALI v. THE STATE OF ASSAM

AB/628/2025 · 2025-04-07

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010055632025 2025:GAU-AS:4357 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/628/2025 SAMAD ALI S/O LATE SURUT ALI R/O VIL-JHAPUSHABARI PART-I P.S. AGOMAN, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A RAHMAN, E HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 08.04.2025 1. Heard learned counsel Mr. A.Rahman for the petitioner Samad Ali who has filed this application under Section 482 of the BNSS, 2023 praying for pre-arrest bail apprehending arrest in connection with Agomani PS Case No. 13/2025 under Section 85/75/76/64/62/3(5) of the BNS, 2023. Page No.# 2/2 2. Learned Addl.Public Prosecutor Mr. R.J.Baruah is present for the State respondent. 3. The allegation against the petitioner is that he has committed sexual harassment on the victim on several occasions and also made an attempt to commit rape on the victim. It is submitted on behalf of the petitioner that the date of occurrence is not mentioned in the petition. A false allegation has been made up against the petitioner. The learned counsel has drawn attention of the Court to the Annexure-3 which is a copy of a resolution adopted in a meeting when the victim was caught red handed with another person. It is further submitted that the petitioner was threatened by the victim on several occasions that she would send him to jail. 4. Learned Addl.Public Prosecutor has raised serious objection and submits that there are incriminating materials in the Case Dairy. 5. I have also scrutinized the Case Diary. There are indeed incriminating materials against the petitioner. At this juncture, it appears that it is not a fit case to grant the petitioner the privilege of pre-arrest bail. The pre-arrest bail application is rejected. 6. Send back the Case Diary. JUDGE Comparing Assistant