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2025 DAILYLAW 9564 (GAU)

JIAUR RAHMAN AND ANR v. THE STATE OF ASSAM

AB/651/2025 · 2025-04-02

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/2 GAHC010059202025 2025:GAU-AS:3977 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/651/2025 JIAUR RAHMAN AND ANR S/O LATE SIRAJUL ISLAM, VILLAGE SAFAKAMAR, P.S BARPETA ROAD, DISTRICT BARPETA, ASSAM 2: NURJAMAL HOQUE S/O ALAUDDIN KHILJI VILL-SAFAKAMAR P.S. BARPETA ROAD DIST. BARPETA ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. R ALI, MR H A AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/2 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 03.04.2025 Heard learned counsel Mr. H. A. Ahmed, for the petitioners Jiaur Rahman and Nurjamal Hoque who have filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Barpeta Road Police Station Case No.11/2025 under Section 87/70(1)of the BNS, 2023. 3. Heard Mr. D. P. Goswami, learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegation against the petitioners is that they have committed gang rape on the victim ‘X’. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the case-diary against the petitioners. 6. I have scrutinized the case-diary. Investigation is still in its initial stage and at this juncture, I am not inclined to extend the privilege of anticipatory bail to the petitioners. Hence, petition is rejected at this stage. 7. Send back the case-diary. JUDGE Comparing Assistant