Partly allowed¶28

Foizuddin and Anr. v. the State of Assam and Anr.

Pre-arrest bail – application under Section 482 BNSS, 2023

Gauhati HC3 Mar 2025AB/2854/2024

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Case brief

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What is this about?

Gauhati High Court, single bench (Manash Ranjan Pathak, J.), order dated 04/03/2025 in AB/2854/2024 – anticipatory/pre-arrest bail under Section 482 BNSS, 2023 in Laharighat P.S. Case No. 190/2024 (Sections 365/376(D)/506 IPC r/w Section 6 POCSO Act), Morigaon, Assam; divergent outcomes for co-petitioners based on victim's Section 183 BNSS statement; rejection for implicated accused, bail made absolute for non-implicated accused with automatic-vacation condition; case diary returned.

What did the court decide?

Pre-arrest bail rejected for petitioner No. 1 (Foizuddin); granted to petitioner No. 2 (Nur Islam) by making his interim bail of 13.12.2024 absolute, subject to the terms and conditions of that order, breach of which entails automatic vacation of bail. ¶28

Foizuddin and Anr. Vs the State of Assam and… — Child Sexual Offences (POCSO) | Gauhati HC (2025)

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GAHC010225252024

2025:GAU-AS:2227

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : AB/2854/2024

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FOIZUDDIN AND ANR

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S/O LATE HAMED ALI, VILL- BHUYANBARI PATHAR, P.S.-LAHARIGHAT, DIST-MORIGAON (ASSAM)

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2: NUR ISLAM S/O SURUJ ALI VILL- NO. 1 BORKUR PATHAR P.S.-BHURAGAON DIST- MORIGAON (ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

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2:MINARA BEGUM W/O AIJUL HOQUE VILL- BHUYANBARI PATHAR P.O.-FOLIHAMARI PATHAR P.S.-LAHARIGHAT PIN-782127. DIST- DARRANG (ASSAM

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Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MRS. S Y AHMED

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Advocate for the Respondent : PP, ASSAM, MR N ZAMAN(R-2)

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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04/03/2025

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Heard Mr. M K Hussain, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Also heard Mr. N Zaman, learned counsel for the informant/opposite party No. 2.

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2. The petitioners, namely, (1) Foizuddin, son of Late Hamed Ali, resident of VillageBhuyanbari Pathar, P.S. Laharighat, District-Morigaon and (2) Nur Islam, son of Suruj Ali, resident of Village-No. 1 Borkur Pathar, P.S. Bhuragaon, District-Morigaon, have filed this application under Section 482 BNSS, 2023, seeking pre-arrest bail apprehending their arrest in Laharighat P.S. Case No. 190/2024 registered under Sections 365/376(D)/506 IPC read with Section 6 of the POCSO Act.

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3. Perused the case diary placed before the Court today by Mr. Parashar, learned Additional Public Prosecutor, Assam.

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4. It is seen that the victim girl have implicated the petitioner No. 1, Foizuddin , son of Late Hamed Ali and one Elias Ali of committing the alleged crime with her in her statement recorded under Section 183 BNSS, on 14.09.2024 by the learned Sub-Divisional Judicial Magistrate (Sadar), Morigaon.

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5. Considering such incriminating materials in the case diary against the petitioner No. 1 with regard to his involvement in the alleged crime, this Court is not inclined to grant pre-arrest bail to the petitioner No. 1, named above, in said Laharighat P.S. Case No. 190/2024. Accordingly, this pre-arrest bail application with regard to the petitioner No. 1, Foizuddin, son of Late Hamed Ali in said Laharighat P.S. Case No. 190/2024 stands rejected .

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6. Since the victim girl did not implicate the petitioner No. 2, Nur Islam, son of Suruj Ali, the Court is of the view that custodial detention of the petitioner No. 2, named above, is not warranted to investigate the said Laharighat P.S. Case No. 190/2024. As such, this pre-arrest bail application of the petitioner No. 2 is accepted.

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7. The petitioner No. 2, namely, Nur Islam, son of Suruj Ali is already on interim bail in said Laharighat P.S. Case No. 190/2024 granted to him earlier by this Court on 13.12.2024 and the same is hereby made absolute, subject to his full compliance of the terms and conditions as specified

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Page No.# 3/3

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in the said order dated 13.12.2024.

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8. Violation of any of the terms and conditions as specified in the said order dated 13.12.2024, noted above, the pre-arrest bail granted to the petitioner No. 2, Nur Islam, son of Suruj Ali in said Laharighat P.S. Case No. 190/2024 shall stand automatically vacated.

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9. Accordingly, this pre-arrest bail application partially allowed to the extent above.

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10. Return the case diary.

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JUDGE

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Comparing Assistant

Foizuddin and Anr. v. the State of Assam and Anr.

Case brief

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Foizuddin and Anr. v. the State of Assam and Anr.

Case brief

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