Dismissed¶32

MD Nur Hossain v. the State of Assam and Anr.

Gauhati HC13 Feb 2025Bail Appln./123/2025

Case brief

AI extract

What is this about?

POCSO bail denial, Dhubri: Gauhati High Court rejects bail application under Section 483 BNSS, 2023 of Md. Nur Hossain in Special Case No. 523/2024 arising out of Fakirganj P.S. Case No. 85/2024 (G.R. No. 822/2024) - offences under Sections 354(A)/354(C) IPC, Sections 8/12 POCSO Act 2012, Section 67(B) IT Act; minor victim (DOB 13.09.2007), love affair, obscene photographs uploaded on Facebook, mobile phone seized, charge framed 01.10.2024, trial ongoing; Justice Manash Ranjan Pathak, 14.02.2025; bail application rejected.

What did the court decide?

Considering the case-record materials regarding the petitioner's involvement in the alleged crime, and since the trial of the case is presently going on, this is not a fit case to grant bail to the petitioner, considering his detention since 25.07.2024. ¶29

MD Nur Hossain Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2025)

Page No.# 1/4

GAHC010006662025

2025:GAU-AS:1530

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

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Case No. : Bail Appln./123/2025

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MD NUR HOSSAIN S/O MD. ABDUL AZIZ @ AZID ALI R/O VILL- CHANDIPARA P.S. FAKIRGANJ DIST. DHUBRI, 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:MUSTT. ROKEYA BIBI W/O LATE AKBAR ALI R/O VILL- NAMA SHESHOW P.S. FAKIRGANJ DIST. DHUBRI ASSA

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Advocate for the Petitioner : MR. B CHOWDHURY, MR S DAS

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Advocate for the Respondent : PP, ASSAM, M. HOSSAIN (R-2)

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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14.02.2025

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Heard Mr. B Chowdhury, learned counsel for the petitioner and Mr. B Sharma, learned Additional Public Prosecutor, Assam for the State. Also heard Mr. M Hossain, learned counsel appearing for the respondent No. 2/informant of the case.

¶17

2. By this application under Section 483 BNSS, 2023, the petitioner, namely, Md. Nur Hossain , son of Md. Abdul Aziz @ Azid Ali, resident of village-Chandipara, P.S.-Fakirganj, District-Dhubri is seeking bail in Special Case No. 523/2024 arising out of Fakirganj Police Station Case No. 85/2024 registered under Sections 354(A)/354(C) of IPC read with Sections 8/12 of the POCSO Act, 2012 read with Section 67(B) of the IT Act, corresponding to G.R. No. 822/2024, in which he was arrested on 25.07.2024 and in custody since then.

¶18

3. It is submitted on behalf of the petitioner that he was having love affair with the minor victim girl and that the learned Trial Court has already recorded the evidence of the victim girl and as such, his further detention may not be required in the case.

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4. Mr. M Hossain, learned counsel appearing for the respondent No.2/informant of the case has submitted that the minor victim girl lost her father at her early age and that the petitioner uploaded obscene photographs with her in the social media and if at this stage the petitioner is released on bail, the minor victim girl will not be able to complete her studies.

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5. Mr. B Sharma, learned APP, Assam placed before the Court that the victim girl was a minor of less than 17 years of age at the time of the incident and that Section 2 (d) of the POCSO Act defines a child as any person below the age of 18 years.

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6. Perused the records of the case that was called for by order dated 23.01.2025.

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7. It is seen from the records of the case that charge under Sections 354(A)/354(C) of IPC read with Sections 8/12 of the POCSO Act, 2012 read with Section 67(B) of the IT Act was

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Page No.# 3/4

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framed on 01.10.2024 and that as on 06.01.2025, evidence of three of the Prosecution Witnesses have already been recorded, out of the eight named Prosecution Witnesses in the Charge-Sheet.

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8. From the records of the case it is also seen that as per the Birth Certificate of the victim girl issued on 26.09.2007 by the Registrar (Birth & Death), South Salmara Public Health Center, the date of birth of the victim girl is 13.09.2007.

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9. The incident occurred on various dates prior to 20.07.2024, the date of lodging of the FIR of the case by the informant/respondent No. 2. Both, the petitioner and the victim girl used to study in the same school and they had a love affair. Threatening the victim girl who was a minor that her obscene photographs will be uploaded, the petitioner took the victim girl to various places, like, Bongaigaon, Airkata and also to a place at Meghalaya, wherein both of them were apprehended by public and handed over to their respective parents.

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10. The victim girl in her statement recorded under Section 183 BNSS on 23.07.2024 before the learned Sub-Divisional Judicial Magistrate (S), Dhubri as well as in her deposition before the learned Special Judge (POCSO) cum Additional Sessions Judge, Dhubri on 26.11.2024 categorically stated that the petitioner in spite of her objection had forceful sexual intercourse with her and also took photographs of such acts, which was subsequently uploaded in the Facebook account that the petitioner opened.

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11. It is also seen that police have already seized the mobile phone of the petitioner, indicating that the petitioner had many such obscene photographs of sexual acts that he had committed with the minor victim girl.

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12. Considering such materials in the case records regarding the involvement of the petitioner in the alleged crime and since the trial of the case is presently going on, the Court is of the opinion that this is not a fit case to grant bail to the petitioner, considering his detention since 25.07.2024.

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13. Accordingly, this bail application of the petitioner, Md. Nur Hossain , son of Md. Abdul Aziz @ Azid Ali, in Special Case No. 523/2024 arising out of Fakirganj P.S. Case No. 85/2024, presently pending before the Court of the learned Special Judge (POCSO) cum

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Additional Sessions Judge, Dhubri, stands rejected.

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JUDGE

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Comparing Assistant

Procedural history

How this case reached the court

AI extract

Prior proceeding
Background of the allegations: petitioner and the minor victim studied in the same school and had a love affair; threatening to upload her obscene photographs, he took her to Bongaigaon, Airkata and a place in Meghalaya, where both were apprehended by the public and handed over to their respective parents.¶26
Prior proceeding
FIR lodged on 20.07.2024 by the informant/respondent No. 2; the incident occurred on various dates prior thereto.¶26
Prior proceeding
Fakirganj Police Station Case No. 85/2024 (G.R. No. 822/2024), registered under Sections 354(A)/354(C) of IPC read with Sections 8/12 of the POCSO Act, 2012 read with Section 67(B) of the IT Act, committed to trial as Special Case No. 523/2024.¶17
Prior proceeding
Petitioner arrested on 25.07.2024 and in custody since then.¶17
Prior proceeding
Victim girl's statement recorded under Section 183 BNSS on 23.07.2024 before the learned Sub-Divisional Judicial Magistrate (S), Dhubri.¶27
Prior proceeding
Charge framed on 01.10.2024 under Sections 354(A)/354(C) of IPC read with Sections 8/12 of the POCSO Act, 2012 read with Section 67(B) of the IT Act; as on 06.01.2025, evidence of three of the eight named prosecution witnesses in the charge-sheet had been recorded.¶24
Prior proceeding
In her deposition before the learned Special Judge (POCSO) cum Additional Sessions Judge, Dhubri on 26.11.2024, the victim categorically stated that the petitioner, despite her objection, had forceful sexual intercourse with her, took photographs of such acts and subsequently uploaded them to a Facebook account opened by him.¶27
Prior proceeding
Police seized the petitioner's mobile phone, indicating he had many obscene photographs of sexual acts committed with the minor victim girl.¶28
Prior proceeding
Per the Birth Certificate of the victim girl issued by the Registrar (Birth & Death), South Salmara Public Health Center, her date of birth is 13.09.2007 (minor at the time of incident).¶25
Prior proceeding
Records of the case were called for by this Court's order dated 23.01.2025 and perused.¶21

MD Nur Hossain v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

MD Nur Hossain v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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