Rashidul Khan @ Rashidul Islam v. The State of Assam

ORDER

29.11.2024 Heard Mr M U Mondal, learned counsel for the petitioner, Rashidul Khan @ Rashidul Islam, who has filed this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, with prayer for pre-arrest bail in Page No.# 2/3 connection with South Salmara PS Case No. 186/2024, under Sections 126(2)/96/3(5) of the BNS, 2023.

¶2Also heard Ms N Das, learned Additional Public Prosecutor for the State of Assam.

¶3By drawing the attention of this Court to the statements made in paragraph 4 of the petition, the learned counsel has submitted that the victim girl had come to the residence of the applicant on her own volition as both of them are from the same school and were having love affairs. However, the parents of the applicant and some elders of the village had handed over the victim girl to the concerned police station. He has also submitted that there is no allegation of use of any force or any other aspects.

¶4Ms Das, the learned Additional Public Prosecutor, Assam has however resisted the prayer for pre-arrest bail by submitting that the victim is a minor and the allegations are serious in nature.

¶5I have considered the submissions at the Bar with circumspection.

¶6I have also scrutinized the Case Diary.

¶7The petitioner has appeared before the IO and he has cooperated with the investigation.

¶8The petitioner has not violated any bail conditions.

¶9Considering all aspects, the interim bail order dated 11.11.2024, is hereby made absolute. Page No.# 3/3

¶10Anticipatory Bail Application stands disposed of.

¶11Send back the Case Diary. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010234792024 2024:GAU-AS:11884 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2955/2024 RASHIDUL KHAN @ RASHIDUL ISLAM S/O NUR ISLAM KHAN VILL- SUNDARPARA PT.II P.O. JAMADARHAT P.S. FAKIRGANJ DIST. DHUBRI, ASSAM PIN- 783330 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M U MONDAL, S S AHMED,MR. A W MONDAL,MR A ALIM SK,MR K ISLAM,MS. N NASRIN Advocate for the Respondent : PP, ASSAM, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND