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2026 DAILYLAW 373 (GAU)

RAPIKUL HOQUE ALIAS NOSA v. THE STATE OF ASSAM

AB/37/2026 · 2026-02-01

Pranjal Das

body2026

Judgment text

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Page No.# 1/3 GAHC010001382026 2026:GAU-AS:1280 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/37/2026 RAPIKUL HOQUE ALIAS NOSA S/O JALI, R/O VILL BAUSERKUTI, PS AGOMANI, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,A MISHRA,MR. SURAJIT DAS,MR A W AMAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 02.02.2026 1. Heard Mr. S. Das, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This petition has been filed under Section 482 of the Page No.# 2/3 Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely, Rapikul Hoque @ Nosa has prayed for granting pre-arrest bail, apprehending arrest in connection with Agomani P.S. Case No. 108/2024 (G.R. Case No. 1492/2024) under Sections 329(3)/329(4)/ 64/351(3) of the BNS. 3. The petitioner was granted interim bail on 08.01.2026. 4. Case diary has been received. 5. The learned Additional Public Prosecutor submits that in her statement, the prosecutrix has implicated the petitioner. 6. Mr. S. Das, learned counsel for the petitioner, drawing attention to the relevant paragraphs of the bail petition submits that there was an illicit relationship between the accused and the petitioner and when this was discovered by the husband’s family, she was forced to lodge this case with a view to protecting their reputation. 7. It is submitted that the statement of the victim may also be seen in this prospective. Pursuant to grant of interim, the petitioner has appeared before the I.O and his statement has been recorded in which he stated to have denied the alleged offences. 8. In view of the co-operation rendered by the petitioner to the investigation pursuant to grant of interim, it may not be essential to cancel the interim bail despite some adverse materials. 9. In such view of the matter, the order of pre-arrest bail dated 08.01.2026 is hereby made absolute subject to the conditions : Page No.# 3/3 i) That the petitioner shall be available for trial ; ii) That the petitioner shall not hamper or tamper with the evidence; iii) That the petitioner shall not intimidate or harm the victim girl in any manner 10. Return back the case diary. 11. Accordingly, this bail petition stands allowed and disposed of. JUDGE Comparing Assistant