Gauhati High Court
AB/2290/2026 of NAZMUL ISLAM Vs THE STATE OF ASSAM on 17 September 2026
GAHC010204182026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2290/2026 NAZMUL ISLAM SON OF SIRAJ UDDIN, RESIDENT OF VILLAGE GERUATI, POLICE STATION KHATOWAL, DISTRICT NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM
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Page No.# 1/2 GAHC010204182026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2290/2026 NAZMUL ISLAM SON OF SIRAJ UDDIN, RESIDENT OF VILLAGE GERUATI, POLICE STATION KHATOWAL, DISTRICT NAGAON, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S SARMA, MS. M BEGUM,MR. T K BHUYAN Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
18.09.2026
Heard Mr. S. Sarma, learned senior counsel assisted by Mr. T.K. Bhuyan, the learned counsel appearing for the petitioner. Also heard Mr. Bhaskar Sharma, learned Addl. Public Prosecutor, Assam.
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2. This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of PRC Case No.1044/2025 pending in the court of the leaned Sub-Divisional Judicial Magistrate, Nagaon.
3. It may be mentioned that on an earlier occasion, during the period of investigation, the petitioner Najmul Islam had prayed for anticipatory bail vide A.B. No.275/2026 and the said bail application was rejected by this Court on 02.03.2026.
4. Now, the charge sheet has been filed against this petitioner alleging commission of the offences under Sections 341/328/376 of the Indian Penal Code. The court of the learned Sub- Divisional Judicial Magistrate has issued summons to the present petitioner asking him to appear before that court.
5. The factual matrix leading to filing of the FIR against the present petitioner is like this– in the month of January, 2022, the informant girl was waiting for catching a bus for going to her college. The present petitioner Najmul Islam arrived there in a car and offered the girl a ride to her college. She accepted the said proposal. Inside the car, the present petitioner allegedly gave her a bottle of water to drink. After drinking the said water, the girl became unconscious and subsequently she found herself nude inside a room. She wanted to enter the bathroom attached to the room. But the present petitioner forcibly stopped her from entering the bathroom and took her photographs and uploaded the said photographs in social media.
6. Upon the aforesaid factual matrix, this court has held that the provision of law under Section 482 of the BNSS, 2023 was not enacted by our Parliament to provide protection to people like the present petitioner.
7. At this also, I have decided to stick to my earlier view. The provision of law regarding anticipatory bail is not meant to protect people like the present petitioner. His bail application is again rejected and disposed of accordingly.
JUDGE Comparing Assistant