Research › Search › Judgment

Gauhati High Court · body

2026 DAILYLAW 7995 (GAU)

RASHIDUL HOQUE v. STATE OF ASSAM

AB/1072/2026 · 2026-06-10

Anjan Moni Kalita

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010100252026 2026:GAU-AS:8337 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1072/2026 RASHIDUL HOQUE S/O ABDUL ALI, R/O VILL LAOGAON, PS SOLMARI, DIST NAGAON, ASSAM VERSUS STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR SARFRAZ NAWAZ, MR A W AMAN,MD A RAHMAN Advocate for the Respondent : PP, ASSAM, MR. SURAJIT DAS BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 11.06.2026 Heard Mr. S. Nawaz, learned counsel appearing for the accused-applicant. Also heard Mr. D.P. Goswami, learned Addl. P.P., representing the State respondent. 2. This is an application filed under Section 482 of the BNSS, 2023, praying for grant of pre-arrest bail to the accused-applicant in connection with Nagaon P.S. Case No. 239/2026, registered under Section 108 of the BNS, 2023. Page No.# 2/3 3. An FIR was lodged on 28.03.2026 by one Mahijul Islam (Informant), alleging that the accused-applicant, who is a Teacher in the school wherein his minor daughter is studying, had developed a love relationship with her on the promise that he would be marrying his daughter; that with such false promise, the accused- applicant has developed a sexual relationship with her minor daughter; that after coming to know about the relationship and giving a mobile a mobile phone to his minor daughter by the accused-applicant, the informant handed over the aforesaid mobile handset to the Head teacher of the school, wherein, his daughter was studying; that the accused-applicant, in spite of marrying his daughter had planned to get married to a another girl and after knowing about the aforesaid facts, his minor daughter has committed suicide. 4. On receipt of the FIR, police registered Nagaon P.S. Case No. 239/2026, under the aforementioned Sections. 5. Mr. Nawaz, the learned counsel appearing for the accused-applicant submits that there was no active participation from the side of the accused-applicant, in fact, the victim girl wanted to have a love relationship which the accused-applicant had declined. He submits that such action of the accused-applicant cannot be termed as abetment to suicide of the victim girl in the instant case. Therefore, he submits that the accused-applicant should be granted the privilege of pre-arrest bail. 6. Case Diary in the instant case has been produced before this Court and the same is perused. 7. Mr. Goswami, learned Addl. P.P., on the other hand, submits that there are sufficient incriminating materials against the accused-applicant and therefore, he opposes the prayer for pre-arrest bail to the accused-applicant. 8. This Court has gone through the materials that have been produced before this Court and having found, prima facie, sufficient incriminating materials against Page No.# 3/3 the accused-applicant, is not inclined to grant any relief to the accused-applicant in the instant case. 9. In view of the aforesaid position, the instant anticipatory bail application is disposed of as rejected. JUDGE Comparing Assistant