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2026 DAILYLAW 6036 (GAU)

RASIDUL HOQUE v. THE STATE OF ASSAM AND ANR

AB/895/2026 · 2026-05-20

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010080032026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/895/2026 RASIDUL HOQUE S/O IBRAHIM ALI, R/O VILL CHANDANPUR, PS DABOKA, PO NILBAGAN, DIST HOJAI, ASSAM, PIN 782445 VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM 2:KOWSAR ALOM S/O LT SAMSUL HOQUE MAZARBHUYUN PERMANENT R/O VILL MUBARAK BASTI PO NILBAGAN PS MURAJHAR DIST HOJAI ASSAM PIN 78244 Advocate for the Petitioner : TAWHID LASKAR, MS. S NISHA SULTANA Advocate for the Respondent : PP, ASSAM, A MISHRA(R2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 21.05.2026 Heard Mr. T Laskar, learned counsel appearing for the petitioner. Also heard Mr. K Baishya, learned Page No.# 2/2 Additional Public Prosecutor, Assam and Mr. A. Baishya, learned counsel representing the respondent no. 2. This is an application filed under Section 482 of the BNSS, 2023 for granting pre-arrest bail to the petitioner, namely, Rasidul Hoque, in connection with Special (POCSO) Case No. 11(H)/2026 arising out of Murajhar P.S. Case No. 01/2026 pending in the Court of the learned Special Judge, Hojai. The petitioner has been shown as absconder in the chargesheet. Petitioner has now submitted that he is interested in facing the trial, but he apprehends that if he appears before the Trial Court, he may be remanded to custody. I have considered the submissions made by the learned counsel for both the sides. Considering entire aspect of the matter, petitioner deserves to be given an opportunity to contest the case. Hence, the prayer for pre-arrest bail of the petitioner is allowed. In view of the above, the petitioner Rasidul Hoque is directed to appear before the learned Special Judge, Hojai in connection with Special (POCSO) Case No. 11(H)/2026 arising out of Murajhar P.S. Case No. 01/2026 within 10 (ten) days from today and on his appearance, the learned Trial Court shall allow him to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Special Judge, Hojai. The bail application is disposed of. JUDGE Comparing Assistant