MOZIBOR RAHMAN ALIAS MOJIBAR RAHMAN v. THE STATE OF ASSAM
AB/2573/2025 · 2026-03-24
Pranjal Das
body2026
DailyLaw.ai
[ 2026 DAILYLAW 722 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 722 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010237952025
2026:GAU-AS:4318
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2573/2025 MOZIBOR RAHMAN ALIAS MOJIBAR RAHMAN SON OF LATE NAIMUDDINALIAS NAYMUDDIN RESIDENT OF VILL- FULKAKATA PT-I P.S-SOUTH SALMARA DISTRICT-DHUBRI, ASSAM VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM. Advocate for the Petitioner : MD A RAHMAN, MS. A KHATUN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 25-03-2026 Heard Mr. Md A Rahman, learned counsel appearing for the petitioner. Also heard Mr. K. Baishya, learned Additional PP for the State. 2. On 31.10.2025, the petitioner was granted interim bail. 3. This is an application filed under Section 482 of the Bharatiya Nagarik
Page No.# 2/3 Suraksha Sanhita, 2023, praying for granting of pre-arrest bail in respect of the accused/petitioner namely Mozibor Rahman @ Mojibar Rahman in connection with South Salmara P.S. Case No. 87/2025, registered under Sections 87/64(1)/127/3(5) of Bharatiya Nyaya Sanhita, 2023. 3. The allegation as reflected in the FIR is that the petitioner had been offering proposal for marriage to the victim with the petitioner’s son which was denied by the victim’s family and on 25.04.2025, the victim was kidnapped by the accused No. 1 who also committed rape upon the victim and thereafter kept the victim in the house of the accused No. 3. 4. It is submitted on behalf of the petitioner that the accused is a 69 year old person and the allegation of kidnapping and rape are totally false. It has been pointed out that the alleged incident was of 25.04.2025 and the FIR was lodged more than three months later on 02.08.2025 solely on plea that “village vichar” was being awaited. 5. Scanned TCR as called for is received. 6. It is submitted by Mr. K. Baishya, learned Additional PP that in the meantime, upon completion of investigation, chargesheet has been submitted vide CS No. 11/2026 dated 31.01.2026. In view of the completion of investigation, it may not be necessary to cancel the interim bail. 8. Accordingly, the same is hereby made absolute, subject to the following conditions that :- (i) He shall be available for the trial, if one commences; (ii) He shall not hamper or tamper with evidence. Page No.# 3/3
9. Violation of the bail condition(s) would entail cancellation of the bail. 10.
Anticipatory bail petition stands allowed and disposed of. JUDGE Comparing Assistant