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2026 DAILYLAW 11393 (GAU)

JAHEDUL ISLAM v. THE STATE OF ASSAM

Bail Appln./1964/2026 · 2026-07-28

Robin Phukan

body2026

Judgment text

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Page No.# 1/3 GAHC010144632026 2026:GAU-AS:10435 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1964/2026 JAHEDUL ISLAM SON OF MAHALI SHEIKH VILLAGE NABAGATA SIMLITOLA, P.S. MATIA, DISTRICT GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M HOQUE, MD A ALI Advocate for the Respondent : PP, ASSAM, MR. S I TALUKDAR(INFORMANT) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 29.07.2026 Heard Mr. N. J. Dutta, learned counsel for the accused and Mr. P. S. Lahkar, learned Additional Public Prosecutor, Assam for the State respondent. 2. This application, under Section 483 of the BNSS, 2023, is preferred by the Page No.# 2/3 accused person, namely, Jahedul Islam, who has been languishing in jail hajot, in connection with Goalpara P.S. Case No. 123/2026, registered under Sections 69/88/308(2)/3(5) of BNS, 2023, since 07.07.2026. 3. It is to be noted here that the above noted case has been registered on the basis of one FIR lodged by one Shamima Begum (actual name withheld) on 26.07.2026. The essence of allegation against the present accused is that he had committed sexual intercourse with the informant by employing deceitful means and also under false promise of marriage; and thereafter, she became pregnant and the accused caused miscarriage of the pregnancy without her consent and also extorted money from her. 4. Mr. Dutta, learned counsel for the accused submits that the accused was arrested on 07.07.2026, and since then he has been languishing in jail hajot. Mr. Dutta further submits that there was love affair between the accused and the informant and both of them are major and that the accused is ready to accept the informant as his wife and under such circumstances, he has contended to allow the application. 5. Per contra, Mr. Lahkar, learned APP for the State respondent, by producing the case diary before this Court, submits that the I.O. has collected sufficient incriminating materials against the present accused and investigation is going on and under such circumstances, he has contended to dismiss the application. 6. Having heard the submission of the learned counsel for both the parties, this Court has carefully gone through the application and the documents placed on record and also gone through the case diary, with the assistance of Mr. Lahkar, learned APP for the State respondent. Page No.# 3/3 7. The case diary indicates that the I.O. has collected sufficient incriminating materials against the accused. Further, it appears that investigation is going on and some of the articles, used in commission of the offence, are yet to be seized and enlarging him on bail at this stage will hamper the investigation. Besides, the offences are also serious in nature and under such circumstances; this Court is not inclined to extend the privilege of bail to the accused at this stage. 8. Accordingly, this bail application stands dismissed. 9. Case diary be returned. JUDGE Comparing Assistant