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2025 DAILYLAW 9755 (GAU)

RAJIBUL HOQUE @ RAJU AND 2 ORS. v. THE STATE OF ASSAM AND ANR

Bail Appln./940/2025 · 2025-06-09

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/2 GAHC010063032025 2025:GAU-AS:7531 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./940/2025 RAJIBUL HOQUE @ RAJU AND 2 ORS. S/O- MD SAMSUL HOQUE,. VILL- KARAI BILAR PATHAR, PS CHHAYGAON, DIST- KAMRUP (R), ASSAM 2: SAMAD ALI @ MANIK S/O MD.SHAHJAHAN ALI VILL- KARAI BILAR PATHAR P.S. CHHAYGAON DIST.KAMRUP (R) ASSAM 3: MANNAN ALI S/O MD. SHAHJAHAN ALI VILL- KARAI BILAR PATHAR P.S. CHHAYGAON DIST.KAMRUP (R) ASSA VERSUS THE STATE OF ASSAM AND ANR TO BE REP BY THE PP, ASSAM 2:BIKRAM SANAPATI S/O RABIN SENAPATI VILL- BARAPUJIA AMARAWATI P.S.RAHA DIST. NAGAON ASSA Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R Page No.# 2/2 MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE, R2),MS. R B BORA (AS LEGAL-AID-COUNSEL FOR R-2) :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 10.06.2025 Heard Mr. A.M. Barbhuiya, the learned counsel appearing for the petitioners. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam as well as Mrs. R.B. Bora, the learned Legal Aid Counsel representing the Respondent No.2/informant. 2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioners Rajibul Hoque @ Raju, Samad Ali @ Manik and Mannan Ali have prayed for releasing them on bail as they were facing trial in POCSO Case No.141/2024 arising out of Mikirbheta P.S. Case No.121/2024 pending in the court of Special Judge (POCSO), Morigaon. 3. The petitioner Rajibul Haque @ Raju was in love with a 13 year old girl. He called the girl to his rented house and there he along with the other two petitioners committed rape upon the girl. Now, the trial is going on. The victim girl has been examined. I have gone through the scanned copy of the trial court record. 4. This Court is of the opinion that the petitioners do not deserve to be released on bail. Their bail application is rejected and disposed of accordingly. JUDGE Comparing Assistant