REKIBUL HOQUE ALIAS RAKIBUL KHAN v. THE STATE OF ASSAM
Bail Appln./214/2026 · 2026-01-28
Parthivjyoti Saikia
body2026
DailyLaw.ai
[ 2026 DAILYLAW 712 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 712 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010011362026
2026:GAU-AS:1015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./214/2026 REKIBUL HOQUE ALIAS RAKIBUL KHAN SON OF CHANDA KHAN @ CHAN KHAN R/O VILL- KAKDHOWA P.O. GOMAFULBARI, DIST. BARPETA, ASSAM, PIN-781302 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. D SARMAH, B. D. KAKATI,S. J. SAHARIAH Advocate for the Respondent : PP, ASSAM,
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
29.01.2026 Heard Mr. D. Sarmah, the learned counsel appearing for the petitioner. Also heard Mr. B. Sharma, the learned Addl. Public Prosecutor, Assam.
Page No.# 2/2
2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioner, namely- Rekibul Hoque @ Rakibul Khan has prayed for regular bail in connection with Basistha P.S. Case No.07/2026 under Sections 117(2)/3(5) BNS, 2023 R/W Section 75/79 of J.J. Act R/W Section 14 of Child Labour (Prohibition) Act (corresponding to G.R. No.58/26).
3. On the day of occurrence, the son of the informant was brutally assaulted by some persons named in the FIR. The name of the present petitioner has not been shown in the FIR. In the Police Forwarding Report, it has been mentioned that on an accusation of theft, the victim was assaulted, for which he lost his life.
4. Mr. Sarmah, the learned counsel representing the petitioner has submitted that the petitioner was present at the place of occurrence but he never took part in the said offence.
5. After considering the submissions made by the learned counsel of both sides, this Court is of the opinion that the present petitioner no longer deserves to be detained in custody for any further period of time. His bail application is allowed.
6. The petitioner, namely- Rekibul Hoque @ Rakibul Khan who was arrested in connection with Basistha P.S. Case No.07/2026 under Sections 117(2)/3(5) BNS, 2023 R/W Section 75/79 of J.J. Act R/W Section 14 of Child Labour (Prohibition) Act (corresponding to G.R. No.58/26), shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (M) at Guwahati. With the aforesaid direction, the bail application is closed and disposed of.
JUDGE Comparing Assistant