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2026 DAILYLAW 12496 (GAU)

NUR HUSSAIN v. THE STATE OF ASSAM AND ANR

Bail Appln./1844/2026 · 2026-08-18

Susmita Phukan Khaund

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010161282026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2182/2026 EJAJBIN HUSSAIN ALIAS JUEL S/O FARUK HUSSAIN, R/O VILL GERUATI BAAZAR, PS KHATOWAL, PO GERUATI BAAZAR, DIST NAGAON, ASSAM, PIN 781381 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:ABDUL JALIL S/O LATE ABDUL HEKIM R/O VILL GERUA GAON PS KHATOWAL DIST NAGAON ASSA Advocate for the Petitioner : MR A W AMAN, A MISHRA,MD A RAHMAN,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM, MS T PARASHAR, AMICUS CURIAE, R2 Linked Case : Bail Appln./1844/2026 NUR HUSSAIN S/O- ABDUL ALI RESIDENT OF VILL.- GERUA GAON P.S. KHATOWAL DIST. NAGAON ASSAM Page No.# 2/3 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR ASSAM 2:ABDUL JALIL S/O- LATE ABDUL HEKIM RESIDENT OF VILL.- GERUA GAON P.S. KHATOWAL DIST. NAGAON ASSAM ------------ Advocate for : MR A W AMAN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 19.08.2026 1. Heard the learned counsel, Mr. S. Das, appearing for the petitioner, Ejajbin Hussain @ Juel, who is the petitioner in Bail Application No. 2182/2026, and the learned counsel, Mr. S. Nawaz, appearing for the petitioner, Nur Hussain, who is the petitioner in Bail Application No. 1844/2026 and also heard Mr. K. K. Parasar, learned Additional Public Prosecutor for the State of Assam, and the learned Amicus Curiae, Ms. T. Parasar, for the respondent No. 2. 2. The allegation against the petitioners in both cases is that both the petitioners committed aggravated sexual assault on the victim X. The victim is a minor, aged 14 years, and she is a specially-abled child. I have considered the submissions made at the Bar. The learned Additional PP has raised serious objection, stating that the case is at the fag end of the trial. 3. The learned counsel for the respondent No. 2 has also submitted that the case is at the fag end of the trial. The learned counsel for both the petitioners through their submissions, emphasized that the petitioners have been falsely implicated in this case. They have prayed for bail on the ground Page No.# 3/3 of the length of detention. I have considered the submission made by the learned Additional PP that the case is at the fag end of the trial. I have also scrutinized the scanned copies of the Trial Court records. The prosecution evidence has been concluded and the statements of the petitioners have been recorded under Section 351 of the BNSS. 4. The petitioners are not granted bail at this stage, as the record reveals that the trial has not been procrastinated either by the prosecution or by the Court. 5. At this stage of the trial, this Court is not inclined to grant bail to the petitioners. Petitions with prayer for bail stands rejected at this stage. JUDGE Comparing Assistant