ASHIKUL HOQUE @ ASHIQUE ANSARI v. THE STATE OF ASSAM AND ANR
AB/722/2025 · 2025-05-25
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9833 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9833 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010064202025
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/722/2025 ASHIKUL HOQUE @ ASHIQUE ANSARI S/O ABDUL KASHEM VILL-2 NO. KHULABHUYAN P.S.MAYONG, MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:KHUDEJA KHATUN W/O BABUL HOQUE VILL-BURA-BURI P.S. MAYONG DIST. MORIGAON ASSAM PIN-78241 Advocate for the Petitioner : MR S M ABDULLAH P, MR. J ALI Advocate for the Respondent : PP, ASSAM, MR B ISLAM (R-2),MR B ISLAM (R-2)
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 26.05.2025 Heard Mr. S M Abdullah P., the learned counsel appearing for the petitioner. Also heard
Page No.# 2/2 Mr. B. Sarma, the learned Additional Public Prosecutor for the State of Assam as well as Mr. B Islam, the learned counsel appearing for the respondent No.2.
2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre- arrest bail in respect of Mayong P.S. Case No. 27/2025.
3. In the FIR, it is alleged that the 17 year old victim girl was taken away by the present petitioner and she was raped by him.
4. Mr. Sarma has submitted that there was a love affair between the victim girl and the present petitioner, and the victim girl had gone with him on her own.
5. Mr. Islam, the learned counsel appearing for the respondent No. 2 also submits that the petitioner was 19 years old and he had love affair with the 17 year old victim girl, and the victim girl had gone with him on her own.
6. I have considered the submissions made by the learned counsels of both sides.
7. Considering the aforesaid fact, this Court is of the opinion that under the given circumstances, the petitioner does not deserve to be detained in custody. Therefore, his pre- arrest bail application is allowed.
8. It is hereby directed that in the event of arrest in connection with Mayong P.S. Case No. 27/2025, the petitioner, Ashikul Hoque @ Ashique Ansari shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority.
9. The petitioner shall co-operate with the Investigating Officer as and when called for. With the aforesaid direction, the anticipatory bail application stands disposed of. The CD shall be returned.
JUDGE Comparing Assistant