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2026 DAILYLAW 8673 (GAU)

NAJIMUL HOQUE v. THE STATE OF ASSAM

AB/1124/2026 · 2026-06-21

Sanjeev Kumar Sharma

body2026

Judgment text

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Page No.# 1/3 GAHC010104242026 2026:GAU-AS:8981 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1124/2026 NAJIMUL HOQUE S/O NUR HUSSAIN, R/O VILL KARIPARA PT IV, PO CHAKLA, PS MATIA, DIST GOALPARA, ASSAM, PIN- 783125 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 22.06.2026 Heard Mr. M. K. Hussain, learned counsel for the petitioner. Also heard Mr. R.R. Kaushik, learned Additional Public Prosecutor for the State. 2. This is an application under Section 482 of BNSS, 2023, for granting of Page No.# 2/3 pre-arrest bail to the petitioner in connection with Matia P.S. Case No. 26/2026, under Sections 331(4)/64(1) of BNS. 3. As per the allegation contained in the FIR lodged by the informant/victim, the accused/petitioner entered her house by committing sexual intercourse against her will in the absence of her husband. 4. Case Diary as called for has been received and on perusal of the statement of the brother-in-law of the victim herself, it appears that the exchange was consensual in nature. 5. Having regard to the same, the prayer for pre-arrest bail is allowed. 6. The petitioner shall be released on bail on furnishing a bail bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the Arresting Authority. It is further provided that the petitioner shall cooperate with the investigation as and when called for and shall not try to tamper with the evidence or influence the witnesses in any manner. 7. The petition is disposed of accordingly. 8. Send back the Case Diary. JUDGE Page No.# 3/3 Comparing Assistant