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2026 DAILYLAW 13983 (GAU)

JAHIDUL ISLAM v. THE STATE OF ASSAM

AB/1925/2026 · 2026-09-08

Anjan Moni Kalita

body2026

Judgment text

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Page No.# 1/3 GAHC010169422026 2026:GAU-AS:13113 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1925/2026 JAHIDUL ISLAM S/O- ABUL HOSEN, VILLAGE- MOURIR PAM, MANDIA, P.S- BAGHBAR, DIST- BARPETA, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY P.P., ASSAM Advocate for the Petitioner : MR. S ISLAM, MR. AAYAAZ TAUFIQ,A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 09.09.2026 Heard Mr. R. Islam, learned counsel for the petitioner and Mr. R.R. Kaushik, learned Additional Public Prosecutor for the respondent State. 2. This is an application under Section 482 of the BNSS, 2023 praying for granting pre- Page No.# 2/3 arrest bail to the accused-applicant viz. Jahidul Islam in connection with Howly P.S. Case No. 11/2026 registered under Sections 103(1)/137(2)/351(3)/3(5) of BNS. 3. An FIR was lodged on 04.02.2026 by the informant before the Office In-Charge, Howly Police Station alleging inter alia that his minor daughter who was studying at Class-X was induced to get into a love relationship and thereafter the accused-applicant established physical relationship with her. It is also alleged that the accused-applicant continuously exploited the minor daughter (victim girl) of the informant and he had taken videos of the victim girl which is objectionable in nature. It is alleged that the victim girl was threatened that if she refuse to meet the accused-applicant then the videos would be made viral. It is alleged that there was an altercation between the accused-applicant and the victim girl on 29.01.2026 wherein the accused-applicant had damaged the mobile phone of the victim girl. It is alleged that after that incident, the victim girl was found hanged using her churni. 4. On receipt of the FIR, the case was registered as Howly Police Station Case no. 11/2026 under the aforementioned sections. 5. The learned counsel appearing for the accused-applicant submits that the accused- applicant and the victim girl were in love relationship and the though there was some altercation between the two, the accused-applicant is not involved in any kind of abetment upon suicide or killing of the victim girl. He submits that the accused-applicant is a labourer and is 19 years of age and he will cooperate with the investigation of the case in the event he is allowed to go bail. 6. The case diary so received is perused. 7. The learned Additional Public prosecutor on the other hand opposes the prayer for bail of the accused-applicant stating that there are sufficient incriminating materials against the accused-applicant indicating his involvement in the alleged offence. 8. Upon consideration of the submissions of the learned counsel for the parties as well as Page No.# 3/3 on perusal of the postmortem examination report which indicates that the death of the victim girl is of suicidal nature, this Court is of the opinion that the accused-applicant should be granted pre-arrest bail. 9. Accordingly, it is directed that in the event of arrest of the accused-applicant in connection with Howly P.S. Case No. 11/2026 he shall be released on bail on furnishing a bail bond of Rs. 30,000/- with a surety of the like nature, to the satisfaction of the arresting authority subject to the following conditions: (i) the accused-applicant shall appear before the I.O. of the case within 10 (ten) days from today (ii) the accused-applicant shall cooperate with the investigation and shall make himself available as and when call by the I.O.; and (iii) the accused-applicant shall not try to hamper or tamper with the investigation in whatsoever manner. 10. In terms of the aforesaid direction, the anticipatory bail application is disposed of. JUDGE Comparing Assistant