Allowed¶32

Moinul Islam @ Moinul Haque v. the State of Assam and Anr.

Gauhati HC1 Jun 2025Bail Appln./423/2025

Case brief

AI extract

What is this about?

What did the court decide?

Release of the petitioner on bail of Rs.35,000/- with a surety of like amount, to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur. ¶32

Moinul Islam @ Moinul Haque Vs the State of Assam and Anr. — Bail and Remand | Gauhati HC (2025)

Page No.# 1/3

GAHC010029922025

2025:GAU-AS:7098

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

¶5

Case No. : Bail Appln./423/2025

¶6

MOINUL ISLAM @ MOINUL HAQUE

¶7

S/O- ISMAIL ALI, R/O- VILL- NO. 2, KARUNABARI, P.S- LALUK, PIN- 784160, DIST- LAKHIMPUR, ASSAM

¶8

VERSUS

¶9

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

¶10

2:MUSSTT. HABIJA KHATUN (INFORMANT)

¶11

W/O IMAN ALI R/O GOHAIN PUKHURI P.S. BIHPURIA PIN-784160 DIST. LAKHIMPUR ASSA

¶12

Advocate for the Petitioner : MR. M K SARMA, MS. S S SAIKIA

¶13

Advocate for the Respondent : PP, ASSAM, MS. M K BROWN, (AMICUS CURIAE, R2)

¶14

BEFORE

¶15

HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

¶16

ORDER

¶17

Date : 02.06.2025

¶18

Heard Mr. M.K. Sarma, learned counsel for the petitioner. Also heard Mr. M.P.

¶19

Page No.# 2/3

¶20

Goswami, learned Additional Public Prosecutor for the State of Assam and Ms. M. K. Brown, learned Amicus Curiae representing the respondent No.2.

¶21

This application has been filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S), 2023, in respect of Spl.(POCSO) Case No. 35/2024 pending in the Court of learned Special Judge, POCSO, Lakhimpur, North Lakhimpur.

¶22

The informant has lodged an F.I.R alleging that on 11.02.2024 her 16 years old daughter was forcibly taken away by the petitioner, who kept her in a hotel where he had forcible physical relationship with the girl. Next morning, the girl was left abandoned at Bangalmara Center.

¶23

In her statement under Section 161 of the Cr.P.C, she has stated that she was in love with the petitioner. She states that on the date of occurrence, petitioner called her and accordingly, she came out of her house. Both of them travelled in a car belonging to the petitioner. They spent night at a hotel where the petitioner had physical relationship with her. She further states that next morning both of them came out of the hotel and she was dropped at Bangalmara area.

¶24

In her statement under Section 164 Cr.P.C, the girl has stated that she was forcibly taken away by the petitioner when she was going to school and according to her, she was kept in a hotel where the petitioner had forcible physical relationship with her and in the next morning she was abandoned at Bangalmara.

¶25

I have gone through her evidence. In her evidence also she said the same thing.

¶26

The trial Court examined the doctor who had examined the victim girl during police investigation. I have gone through his evidence. He has stated that according to

¶27

Page No.# 3/3

¶28

the ossification test, the girl was above 18 years of age.

¶29

The doctor also said that the girl had eloped with her boyfriend and stayed at a hotel. Doctor did not find any injuries on the person of the present petitioner.

¶30

I have considered the submissions made by the learned counsel of both sides.

¶31

The girl has narrated two different facts before two different forums. Considering the aforesaid facts this Court is of the opinion that the petitioner no longer deserves to be detained in custody.

¶32

This bail application is allowed.

¶33

The petitioner Moinul Islam @ Moinul Haque who is facing trial in Spl.(POCSO) Case No. 35/2024, pending in the Court of learned Special Judge, POCSO, Lakhimpur, North Lakhimpur, shall be released on bail of Rs.35,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Lakhimpur, North Lakhimpur

¶34

With the aforesaid direction, this bail application is disposed of

¶35

JUDGE

¶36

Comparing Assistant

Moinul Islam @ Moinul Haque v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Moinul Islam @ Moinul Haque v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Billal Ali @ Billal Hussain Vs the State of Assam and Anr.

Bablu Nath Vs the State of Assam and Anr.

Mofidul Islam Vs the State of Assam

Manjil Basumatary @ Manjil Narzary and Anr. Vs the State of Assam

Johor Uddin Sk and Anr. Vs the State of Assam

Suleman Ali Vs the State of Assam and Anr.