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2026 DAILYLAW 6078 (GAU)

MD AJIJUL HAQUE ALIAS IJUL HOQUE v. THE STATE OF ASSAM

AB/1002/2026 · 2026-05-14

Parthivjyoti Saikia

body2026

Judgment text

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Page No.# 1/2 GAHC010093282026 2026:GAU-AS:6717 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1002/2026 MD AJIJUL HAQUE ALIAS IJUL HOQUE SON OF ROFIQUL ISLAM VILL- NO. 2 ADABHETI, P.S. SOOTEA, DIST. BISWANATH, ASSAM, PIN-784175 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S MUKTAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 15.05.2026 1. Heard Mr. S. Muktar, learned counsel for the petitioner. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam. 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the petitioner Md. Ajijul Haque @ Ijul Hoque in respect of PRC Case No.11/2026, pending in the Court of the learned Sub-Divisional Judicial Magistrate (M), Bokakhat. Page No.# 2/2 3. The petitioner, Md. Ajijul Haque @ Ijul Hoque, has been shown as an absconder in the charge-sheet. He submits that he was in Bangalore and, therefore, could not come to Assam, nor did he receive any notice in that regard. He further submits that he is now willing to face the trial and, therefore, should be given an adequate opportunity to do so. However, he apprehends that if he appears before the Court of the learned Sub-Divisional Judicial Magistrate (M), Bokakhat, he may be remanded to custody since he has been shown as an absconder in the charge-sheet. 4. I have considered the submissions made by the learned counsel for both sides. 5. This Court is of the opinion that since the petitioner is interested in facing the trial he should be given adequate opportunity to that effect. Therefore, his prayer is allowed. 6. The petitioner, Md. Ajijul Haque @ Ijul Hoque is directed to appear before the Court of the learned Sub-Divisional Judicial Magistrate (M), Bokakhat in connection with the PRC Case No.11/2026 on 20.05.2026 and on his appearance, he shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Sub-Divisional Judicial Magistrate (M), Bokakhat. 7. With the aforesaid direction, this pre-arrest bail application stands disposed of. JUDGE Comparing Assistant