Dismissed¶¶24

Fujaiel Ahmed @ Rajib Ahmed v. the State of Assam and Anr.

Gauhati HC16 Feb 2025AB/311/2025

Case brief

AI extract

What is this about?

Anticipatory bail S.482 BNSS 2023 rejected; Dhing P.S. Case No. 141/2022; Ss.354/506 IPC r/w S.12 POCSO Act; charge-sheet filed 31.08.2024; case pending before Special Judge (POCSO), Nagaon, for charge; earlier AB No. 2833/2022 (interim bail recalled 12.12.2022) and AB No. 3790/2022 (rejected 13.02.2023); accused evaded arrest; liberty to seek regular bail; Gauhati High Court; Justice Manash Ranjan Pathak; 17/02/2025.

What did the court decide?

None; pre-arrest bail refused. Petitioner left at liberty to approach the appropriate forum for regular bail in Dhing P.S. Case No. 141/2022. ¶¶24

Fujaiel Ahmed @ Rajib Ahmed Vs the State of… — Child Sexual Offences (POCSO) | Gauhati HC (2025)

Page No.# 1/3

GAHC010024812025

2025:GAU-AS:1664

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

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Case No. : AB/311/2025

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FUJAIEL AHMED @ RAJIB AHMED S/O HOFIQUL ISLAM R/O GEROKENI P.O. BECHAMARI,P.S.DHING DIST. NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM

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2:JESMIN BEGUM W/O SAFIQUL ISLAM VILL-BECHIMARI P.O. BECHAMARI P.S. DHING DIST. NAGAON ASSAM PIN-78212

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Advocate for the Petitioner : MR. I A HAZARIKA, MR. T MOHAMMAD

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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17/02/2025

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Heard Mr. I A Hazarika, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

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2. The petitioner, namely, Fujaiel Ahmed @ Rajib Ahmed, son of Hofiqul Islam, resident of Gerokeni, P.O. Bechamari, P.S. Dhing, District-Nagaon, has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking pre-arrest bail apprehending his arrest in Dhing P.S. Case No. 141/2022 registered under Sections 354/506 IPC read with Section 12 of the POCSO Act.

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3. As per the FIR dated 31.08.2022 lodged by the informant before the Nagaon Police Station, the case is that her daughter, who is a minor, was introduced to the petitioner about 3 years back and he managed to become close with her. Taking the advantage, the petitioner sexually assaulted her minor daughter by touching her private parts and he took obscene photographs of her minor daughter which he had kept in his mobile phone. Later, when the informant came to know about such acts of the petitioner, he was asked not to keep any contact with her minor daughter. In spite of that the petitioner did not give any heed to it and rather, uploaded the obscene photographs of her daughter in social media. On 17.06.2022 around 11:00 PM, the petitioner called her minor daughter from mobile phone No. 8536984384 and uploaded the obscene photographs of her daughter in social media. For these acts of the petitioner, the informant’s minor daughter is facing dire consequences and she lost her respect in front of local public.

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3. Since the incident occurred under the jurisdiction of Dhing Police Station of Nagaon District, the matter was transferred from Nagaon Police to Dhing Police Station, wherein it was registered as Dhing P.S. Case No. 141/2022 under Sections 354/506 IPC read with Section 12 of the POCSO Act.

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4. It is seen that earlier the petitioner preferred a pre-arrest bail application being AB No. 2833/2022 in said Dhing P.S. Case No. 141/2022, wherein on 26.09.2022, he was granted interim prearrest bail. However, after considering the case diary and the relevant materials, the Court by order dated 12.12.2022 passed in AB No. 2833/2022 recalled the said interim protection granted to the petitioner earlier on 26.09.2022 and rejected his said pre-arrest bail application. Thereafter, the petitioner approached this Court in AB No. 3790/2022 for his pre-arrest bail in said Dhing P.S. Case

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No. 141/2022 and the Court by order dated 13.02.2023 after considering the up-to-date case diary, rejected the said pre-arrest bail application of the petitioner. Now the petitioner has preferred this prearrest bail application in said Dhing P.S. Case No. 141/2022 .

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5. It is seen that in the meanwhile, police after completion of investigation of the case, submitted the charge-sheet in said Dhing P.S. Case No. 141/2022 on 31.08.2024 against the petitioner under Section 12 of the POCSO Act. Copy of the charge-sheet filed on 31.08.2024 in said Dhing P.S. Case has been annexed to this application by the petitioner indicates that he evaded arrest during the investigation of the case, more particularly, after vacating the interim pre-arrest bail dated 26.09.2022 in AB No. 2833/2022 in said Dhing P.S. Case No. 141/2022.

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6. Since charge-sheet has already been submitted and the matter is presently pending before the Court of learned Special Judge (POCSO), Nagaon, for consideration of charge, therefore, considering the above, this pre-arrest bail application of the petitioner in said Dhing P.S. Case No. 141/2022 stands rejected. However, he may approach the appropriate forum for his regular bail in said Dhing P.S. Case No. 141/2022.

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7. With the above observation, this pre-arrest bail application stands disposed of.

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JUDGE

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Comparing Assistant

Fujaiel Ahmed @ Rajib Ahmed v. the State of Assam and Anr.

Case brief

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Fujaiel Ahmed @ Rajib Ahmed v. the State of Assam and Anr.

Case brief

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