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2026 DAILYLAW 16063 (GAU)

RASHIDUL HUSSAIN v. THE STATE OF ASSAM AND ANR

AB/2540/2026 · 2026-10-07

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010214622026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2540/2026 RASHIDUL HUSSAIN S/O-LT. ABDUL KALAM VILL.- NAKARA HABI ALIAS NEKERAHABI P.S.- MAYONG DIST. MORIGAON ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P.ASSAM 2:SHAHERA KHATUN (INFORMANT) W/O- MOHAR ALI VILL.- BURABURI P.S.- MAYONG DIST. MORIGAON ASSA Advocate for the Petitioner : MR. N J DUTTA, MR. S M H ISLAM,MR A ALAM,MR. A A MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 08.10.2026 Heard Mr. N. J. Dutta, the learned counsel appearing for the petitioner. Also heard Mr. R. R. Kaushik, the learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 482 of the BNSS, 2023 in respect of POCSO Case No.47/2026 pending in the Court of the learned Special Judge, POCSO, Morigaon. Page No.# 2/2 3. Mr. Dutta has submitted that in the medical report the age of the victim is shown to be above 20 years. Mr. Dutta further submits that the petitioner is interested in facing the trial and therefore, he deserves to be given an opportunity to that effect. 4. I have considered the submissions made by the learned counsel of both sides. 5. This Court is of the opinion that since the petitioner is interested in facing the trial, he deserves to be given one opportunity to that effect. Therefore, his bail application is allowed. 6. The petitioner Rashidul Hussain is directed to appear before the Court of the learned Special Judge, POCSO, Morigaon in connection with POCSO Case No.47/2026 within next 15 (fifteen) days from today. On his appearance, he shall be released on bail of ₹25,000/- (Rupees Twenty Five Thousand) with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Morigaon. 7. With the aforesaid direction, the bail application is disposed of. JUDGE Comparing Assistant