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2025 DAILYLAW 9602 (GAU)

ABDUL ALI v. THE STATE OF ASSAM AND ANR

AB/674/2025 · 2025-06-12

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010060422025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/674/2025 ABDUL ALI S/O SIRAJ ALI, R/O FAKALI PATHAR, P.S JURIA, DISTRICT NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MIJANUR RAHMAN S/O SAIFUL ISLAM R/O UTTAR FAKALI PATHAR P.S. JURIA DIST. NAGAON ASSAM PIN-78212 Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MR. S RAHMAN,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, MR A SHARMA(R-2),MR. I HAQUE (R-2),MR A SHARMA (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 13.06.2025 Heard Mr. S M Abdullah P., learned counsel for the petitioner and Mr. M. P. Goswami, learned Additional Public Prosecutor, Assam. Also heard Mr. A. Sarma, learned counsel for the respondent no. 2. This is an application filed under Section 482 of the BNSS, 2023by the petitioner, namely, Abdul Ali, for granting pre-arrest bail, who apprehends arrest in connection with Juria P. S. Case No. 62/2025. The victim here is a 9 (nine) years old girl and a student of Class-IV in a school. On 24.02.2025, the victim was directed by her teacher to sweep the floor with a group as the floor was full of scattered rice. It is alleged that the present petitioner being the teacher of the said school tried to unbutton the shirt of the victim girl. The girl pushed him back and managed to escape. The petitioner had also removed her pant. Mr. Sarma, learned counsel for the respondent no. 2 has submitted that the entire incident took place because of the misunderstanding of facts and circumstances. According to him, no such incident was actually taken place. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that under the given circumstances the petitioner does not deserve to be detained in custody. Hence, the prayer for pre-arrest bail is allowed. Accordingly, it is directed that in the event of arrest of the petitioner, namely, Abdul Ali, in connection with Juria P. S. Case No. 62/2025, the arresting authority shall release him on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the arresting authority. Page No.# 3/3 The petitioner is directed to appear before the Investigating Officer as and when called for. Bail application is disposed of. Case diary shall be returned. JUDGE Comparing Assistant