Dismissed¶26

Mujamil Haque v. the State of Assam and Anr.

Gauhati HC5 Feb 2026AB/73/2026

Case brief

AI extract

What is this about?

Pre-arrest bail rejected; application under Section 482 BNSS 2023 dismissed; Gingia P.S. Case No. 149/2025; Sections 137(2)/64(1) BNS 2023 read with Section 4 POCSO Act; rape of minor girl aged about 17; FIR dated 25.12.2025 by father Md. Adam Ali; victim implicated petitioner in statements before I.O. and Magistrate; love affair/false case plea unsuccessful; case diary sent back; Gauhati High Court; Justice Sanjeev Kumar Sharma; Mujamil Haque v. State of Assam & Anr.

What did the court decide?

On perusal of the case diary, including the victim's statements recorded before the I.O. and before the Magistrate, the Court found that the victim implicated the petitioner. ¶22

Mujamil Haque Vs the State of Assam and Anr. — Child Sexual Offences (POCSO) | Gauhati HC (2026)

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GAHC010003902026

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

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Case No. : AB/73/2026

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MUJAMIL HAQUE S/O- TAMIJUR RAHMAN. R/O- NO.2 BARJHARANI. P.S.- GINGIA, DIST.- BISWANATH, 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:ADAM ALI. S/O- LATE GIAS UDDIN SHEIKH. R/O- NO.2 BARJHARANI P.S.- GINGIA DIST.- BISWANATH ASSAM PIN - 784184

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Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY,MRS H AHMED

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Advocate for the Respondent : PP, ASSAM, MR. N MAHAJAN, (AMICUS CURIAE, R-2)

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BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 06.02. 2026

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Heard Mr. HRA Chodhury, learned senior counsel, assisted by I.U. Choudhury, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. P.P. for the State respondent. Also heard Mr. N. Mahajan, learned Amicus Curiae,

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appearing for the respondent No. 2.

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This application has been preferred by the petitioner namely, Mujamil Haque under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, praying for pre-arrest bail, apprehending arrest in connection with Gingia P.S. Case No. 149/2025 under Sections 137(2)/ 64(1) of BNS, 2023 read with Section 4 of the POCSO Act.

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The allegation made against the petitioner is that on 25.12.2025 at 6.00 p.m. the informant Md. Adam Ali had lodged an FIR before the in-charge of Tinisuli PP alleging inter alia that his daughter, aged about 17 years was forcefully taken to some distance from his house by gagging her and holding her hand while she was standing on the road in front of his house and then committed rape on her under a culvert. When search was made for his daughter, the accused ran away from the place of occurrence.

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Case diary is received and perused.

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It is submitted by the learned counsel for the petitioner that the actual fact is that both the victim and the petitioner who is aged about 22 years were having love affair. The parents of the victim has arranged her marriage with another person because of which, the petitioner met with the victim and when the same was seen by the father of the victim, an altercation took place as a result of which a false case has been lodged.

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Upon perusal of the case dairy including the statement of the victim recorded before the I.O. as well as before the Magistrate, it is seen that the victim has implicated the petitioner.

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Having regard to the above, prayer for pre-arrest bail stands rejected.

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Send back the case diary.

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The bail application is dismissed.

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JUDGE

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Comparing Assistant