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2026 DAILYLAW 13494 (GAU)

MINHAJ ALI MOLLAH v. THE STATE OF ASSAM AND ANR

AB/1514/2026 · 2026-09-01

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010132572026 2026:GAU-AS:12724 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1514/2026 MINHAJ ALI MOLLAH S/O- LATE ROSHNAI MOLLAH, VILL.- BOGULAMARI PART-I, P.S. GAURIPUR, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM 2:SAJAMAL SHEIKH S/O- LATE JILAN SHEIKH VILL.- BOGULAMARI PART-I P.S. GAURIPUR DIST. DHUBRI ASSA Advocate for the Petitioner : MR. R ALI, MR H A AHMED,N M ALI Advocate for the Respondent : PP, ASSAM, B E F O R E HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 02.09.2026 Heard learned counsel for the petitioner. Also heard learned Additional Page No.# 2/3 Public Prosecutor for the State. 2. This is an application filed under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the petitioner in connection with Gauripur P.S. Case No. 109/2026 under Sections 64(1)/69/115(1)/296/3(5) of the BNS, r/w Section 6 of the POCSO Act. 3. It is alleged against the petitioner in the FIR that he abducted the minor victim girl, kept her in his house for the whole night, and committed sexual intercourse with her, and the next day, the family members of the accused drove her out of the house. 4. A scanned copy of the TCR has been received and perused. 5. Upon perusal of the medical report, it appears that the victim was only 14 years old and physical injuries were found. Furthermore, the victim has squarely implicated the accused person in both her statements recorded before the police and the Magistrate. 6. Having regard to the nature and gravity of the allegations, the medical evidence, and the statements of the victim, the presentw is not found to be a fit case for grant of pre-arrest bail. 7. Accordingly, the prayer stands rejected. Page No.# 3/3 8. The bail petition stands dismissed. JUDGE Comparing Assistant