Petitioners sought bail under Section 483 BNSS while facing trial in a POCSO case for the alleged rape of a 13-year-old girl. The Court reviewed the trial court record and rejected the bail application, holding they did not deserve release.
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GAHC010063032025
2025:GAU-AS:7531
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./940/2025
RAJIBUL HOQUE @ RAJU AND 2 ORS. S/O- MD SAMSUL HOQUE,. VILL- KARAI BILAR PATHAR, PS CHHAYGAON, DIST- KAMRUP (R), ASSAM
2: SAMAD ALI @ MANIK S/O MD.SHAHJAHAN ALI VILL- KARAI BILAR PATHAR P.S. CHHAYGAON
DIST.KAMRUP (R) ASSAM
3: MANNAN ALI S/O MD. SHAHJAHAN ALI VILL- KARAI BILAR PATHAR P.S. CHHAYGAON DIST.KAMRUP (R) ASSA VERSUS
THE STATE OF ASSAM AND ANR TO BE REP BY THE PP, ASSAM
2:BIKRAM SANAPATI S/O RABIN SENAPATI VILL- BARAPUJIA AMARAWATI P.S.RAHA DIST. NAGAON ASSA
Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R
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MAZARBHUIYA,MS A BEGUM
Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ (AMICUS CURIAE, R2),MS. R B BORA (AS LEGAL-AID-COUNSEL FOR R-2)
:: BEFORE ::
HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
10.06.2025
Heard Mr. A.M. Barbhuiya, the learned counsel appearing for the petitioners. Also heard Mr. M.P. Goswami, the learned Addl. Public Prosecutor, Assam as well as Mrs. R.B. Bora, the learned Legal Aid Counsel representing the Respondent No.2/informant.
2. This is an application under Section 483 of the BNSS, 2023 whereby the petitioners Rajibul Hoque @ Raju, Samad Ali @ Manik and Mannan Ali have prayed for releasing them on bail as they were facing trial in POCSO Case No.141/2024 arising out of Mikirbheta P.S. Case No.121/2024 pending in the court of Special Judge (POCSO), Morigaon.
3. The petitioner Rajibul Haque @ Raju was in love with a 13 year old girl. He called the girl to his rented house and there he along with the other two petitioners committed rape upon the girl. Now, the trial is going on. The victim girl has been examined. I have gone through the scanned copy of the trial court record.
4. This Court is of the opinion that the petitioners do not deserve to be released on bail. Their bail application is rejected and disposed of accordingly.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether three accused facing trial in a POCSO case for rape of a 13-year-old victim should be released on bail.
1 provisions across 1 enactments
Rajibul Hoque @ Raju
Samad Ali @ Manik
Mannan Ali
The State of Assam
Bikram Sanapati
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
