Dismissed¶24

MD Rabbul Hussain v. the State of Assam and Anr.

Gauhati HC9 Mar 2026Bail Appln./380/2026

Case brief

AI extract

What is this about?

Pre-arrest bail / anticipatory bail; Section 483 BNSS, 2023; POCSO Case No. 129/2024; Mayong P.S. Case No. 64/2024; Morigaon; Additional District & Sessions Judge-cum-Special Judge, POCSO; trial at advanced stage (13 of 15 prosecution witnesses examined, 2 left); bail rejected on ground that grant might hamper early disposal of trial; counsel's submission that victim girl gave birth to a child; informant represented by Sabrish Ahmed; Gauhati High Court; Parthivjyoti Saikia, J.; Bail Appln./380/2026; decided 10.03.2026.

What did the court decide?

Since 13 of 15 prosecution witnesses are already examined and only 2 remain, allowing the petitioner's bail application might hamper early disposal of the case before the Trial Court. ¶23

MD Rabbul Hussain Vs the State of Assam and Anr. — Bail and Remand | Gauhati HC (2026)

Page No.# 1/2

GAHC010011542026

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

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Case No. : Bail Appln./380/2026

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MD RABBUL HUSSAIN

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SON OF LT. AKBAR ALI R/O VILL- CHAKU MAKU,P.S. JAGIROAD, DIST. MORIGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE PP, ASSAM

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2:MD. JIYARUL ISLAM S/O MD. NASIR UDDIN VILL- NO. 1 GOGALMARI P.S. MAYONG DIST. MORIGAON ASSAM M. NO. 809942772

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Advocate for the Petitioner : MR. A A MONDAL, MR. S UDDIN,MR A ALAM,MR R A AHMED

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Advocate for the Respondent : PP, ASSAM, DARAK ULLAH(R2),MS A HUSSAIN(R2),SABRISH AHMED(R2)

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BEFORE

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HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

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ORDER

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Date : 10.03.2026

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Heard Mr. A. Alam, learned counsel appearing for the petitioner. Also heard Mr. Bhaskar

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Page No.# 2/2

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Sharma, learned Additional Public Prosecutor, Assam as well as Mr. S. Ahmed, learned counsel for the informant.

¶20

By this application filed under Section 483 of the BNSS, 2023, the petitioner, namely, Md. Rabbul Hussain, has prayed for pre-arrest bail in connection with POCSO Case No. 129/2024 arising out of Mayong P.S. Case No. 64/2024, pending in the Court of the learned Additional District & Sessions Judge -cum- Special Judge, POCSO, Morigaon.

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The learned Additional Public Prosecutor has submitted that out of total 15 (fifteen) Prosecution Witnesses, certain of them have already examined and only 2 (two) are left to be examined.

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Mr. Alam has submitted that the victim girl had to give birth a child because of the act of the present petitioner.

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I have considered the submissions made by the learned counsel for both sides. Since 13 (thirteen) witnesses are already examined and only 2 (two) are left to be examined, this Court is of the opinion that allowing the bail application of the petitioner might hamper early disposal of case before the Trial Court.

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In view of the above, the present bail application is found to be devoid of merit and hence stands rejected at this stage.

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The bail application is disposed of.

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JUDGE

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Comparing Assistant

MD Rabbul Hussain v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

MD Rabbul Hussain v. the State of Assam and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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