Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 4286 (GAU)

JAHANGIR ALI MONDAL v. THE STATE OF ASSAM AND ANR

AB/568/2026 · 2026-03-31

Sanjeev Kumar Sharma

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010049352026 2026:GAU-AS:4697 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/568/2026 JAHANGIR ALI MONDAL SON OF MOKBUL HUSSAIN MONDAL RESIDENT OF HOUSE NO.9 MILIJULI PATH, SAWKUCHI P.O.-SAWKUCHI, P.S.- BASISTHA DIST-KAMRUP, METRO, ASSAM MOBILE NO.9957679710 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:SURMAN ALI SON OF WAHEB ALI RESIDENT OF KATAHBARI P.S.-GARCHUK DIST-KAMRUP METRO ASSAPIN-78103 Advocate for the Petitioner : MR. A K AHMED, MD A ISLAM Advocate for the Respondent : PP, ASSAM, MS. M K BROWN Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.04.2026 Heard Mr. A.K. Ahmed, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Addl. PP for the State of Assam and Ms. M K Brown, learned Amicus Curiae for respondent No. 2/informant. 2. As per the F.I.R of the case one Monowar Hussain, was implicated as the perpetrator of the offenses under Section 4 of the POCSO Act/Section 64(1) BNS against the victim girl. 3. Subsequently, it came to light that another person namely Babidul Hoque @ Injamul Hoque was involved and who had been sexually exploiting the victim and he was arrested. It also transpires from the Case Diary that the present petitioner along with another co-accused Surman Ali, was involved in inducing the victim to lodge a false complaint against the said Monowar Hussain, who was subsequently granted bail by this Court. 4. The present case is registered under Section 4 of the POCSO Act r/w Section 64(1) BNS pertaining to penetrative sexual assault and rape respectively. 5. Admittedly, the aforesaid provisions are not attracted as against the present petitioner and as of now, no additional Sections has been added, as it transpires from the Case Diary. 6. Thus situated, the prayer for bail is allowed. The petitioner namely Jahangir Ali Mondal, shall be released on bail with a bail bond of Rs. Page No.# 3/3 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount to the satisfaction of the arresting authority in the event of his arrest in connection with the aforesaid case. 7. However, it is made clear that in the event any other non-bailable Section of Law is added subsequently, it would be open for the I.O to proceed as per law. 9. The petition stands disposed of. 10. Sent back the Case Diary. JUDGE Comparing Assistant