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2025 DAILYLAW 9533 (GAU)

MUSTAF ALI @ MUSTAFHA ALI v. THE STATE OF ASSAM AND ANR.

Bail Appln./879/2025 · 2025-05-12

Manash Ranjan Pathak

body2025

Judgment text

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Page No.# 1/2 GAHC010059162025 2025:GAU-AS:5834 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./879/2025 MUSTAF ALI @ MUSTAFHA ALI S/ONUR MOHAMMAD VILL-BORIBANDHA, P.S. LAHARIGHA, DIST.MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:JESMIN SULTANA D/O LATE SAMNURIMAN ALI VILL-BARIBANDHA P.S. LAHORIGHAT DIST. MORIGAON ASSA Advocate for the Petitioner : M M RAHMAN, Advocate for the Respondent : PP, ASSAM, BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 13-05-2025 Heard Mr. M. M. Rahman, learned counsel for the petitioner and Mr. B. Sharma, learned Additional Public Prosecutor, Assam for the State. Page No.# 2/2 2. By this application filed under Section 483 BNSS, 2023, the petitioner, namely, Mustafa Ali @ Mustafha Ali, son of Mur Mohammad, resident of Village-Boribandha, P.S.- Laharighat, District- Morigaon is seeking bail in Laharighat P.S. Case No. 35/2025 corresponding to G.R. No. 212/2025 registered under Section 64(1)/351(2), BNS, read with Section 6 of the POCSO Act, wherein he was arrested on 12.02.2025 and is in custody since then. 3. Mr. Rahman, learned counsel on instruction submitted that in the meanwhile, charge sheet in said Laharighat P.S. Case No. 35/2025 has already been filed and the said Laharighat P.S. Case has been re-registered and re-numbered as POCSO Case No. 47/2024, which is presently pending before the learned Special Judge (POCSO)-cum-Additional Sessions Judge, Morigan and 16.05.2025 is the next date fixed for evidence. 4. In view of the above, Mr. Rahman, learned counsel on instruction of the petitioner is not pressing this bail application, to which Mr. B. Sharma, learned Additional Public Prosecutor, Assam, has no objection. 5. Accordingly, this bail application, being not pressed, stands dismissed. JUDGE Comparing Assistant