IZAJUL ISLAM ALIAS HOQUE v. THE STATE OF ASSAM AND ANR
AB/1075/2026 · 2026-06-17
Sanjeev Kumar Sharma
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8533 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8533 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010100772026
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1075/2026 IZAJUL ISLAM ALIAS HOQUE S/O- EKUB ALI, VILL CHARAIJURIA P.S.- KAMPUR DIST- NAGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:MD SHAHIDUL ISLAM S/O LATE ABDUL HAMID VILL CHARAIJURIA P.S KAMPUR DIST NAGAON ASSA Advocate for the Petitioner : MR. I A HAZARIKA, MS A DAS,MR. H ALI Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18 .06. 2026 Heard Mr. H. Ali, learned counsel for the petitioner and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam for the State respondent.
2. This bail application has been preferred by the petitioner namely, Izajul Islam @ Hoque under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending his arrest in connection
Page No.# 2/2 with Kampur P.S. Case No. 19/2026 under Sections 331(4)/ 64(1)(2)(k) (m)/117(2)/3(5) of BNS, 2023.
3. The allegations as reflected in the FIR against the petitioner are that one night when the victim who was sleeping in her house, the accused/ petitioner entered into her house and had forceful physical relationship with her. When the victim raised alarm her mother woke up, as a result of which the accused fled. The accused/ petitioner had earlier committed similar bad acts with the victim.
4. The case diary, as called for is received and perused. Upon perusal of the statements of the victim, recorded before Magistrate, the allegation of forceful intercourse is not bourn out.
5. The affidavit has also been submitted by the informant stating that the case was lodged against the petitioner out of misunderstanding.
6. Having regard to the above, the prayer for bail is allowed.
7. Accordingly, the interim order dated 26.05.2026 is hereby made absolute, subject to the conditions as may be applicable as contained in the interim order itself.
8. The bail application accordingly stands disposed of.
9. Send back the case diary.
JUDGE Comparing Assistant