Gauhati High Court
AB/1352/2026 of MUSHAHIDUL ALIAS MUSHAHID ALOM Vs THE STATE OF ASSAM AND ANR on 25 August 2026
GAHC010124212026 2026:GAU-AS:12231 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1352/2026 MUSHAHIDUL ALIAS MUSHAHID ALOM S/O- ABDUL KHALEK, VILLAGE- KACHARIBORI, P.S.LAHARIGHAT, DIST-- MORIGAON, ASSAM. VERSUS THE STATE OF ASSAM AND ANR
GAHC010124212026
2026:GAU-AS:12231
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/1352/2026
MUSHAHIDUL ALIAS MUSHAHID ALOM
S/O- ABDUL KHALEK, VILLAGE- KACHARIBORI, P.S.LAHARIGHAT, DIST-- MORIGAON, ASSAM.
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM
2:HALIMA BEGUM
W/O- MAFIDUL HAQUE
VILLAGE-NAGABANDHA
PS LAHARIGHAT
DIST-- MORIGAON ASSA
Advocate for the Petitioner : MR. J AHMED, H G DAISY,R BEGUM,J N KHANDAKAR
Advocate for the Respondent : PP, ASSAM, MR. MASUM ALAM
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
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ORDER
26.08.2026 Heard Mr. J. Ahmed, learned counsel appearing for the petitioner as well as Mr. P. Borthakur, learned Additional Public Prosecutor, Assam and Mr. M. Alam, learned counsel for the respondent No.2.
2. This petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner, namely, Mushahidul @ Mushahid Alom, has prayed for granting pre-arrest bail, apprehending arrest in connection with Laharighat P.S. Case No. 15/2026, registered under Section 137(2)/65
(1) BNS, R/W Section 4/6 of the POCSO Act.
3. The FIR was lodged by the aunt of the victim girl regarding kidnapping and sexual assault upon the victim girl.
4. Case diary has been received.
5. The statement of the girl stated to be aged 15 years has been recorded before the learned JMFC under Section 183 BNSS.
6. On perusing the statement, I find that she has not stated about being kidnapped or subjected to any sexual assault and has stated that she does not know as to why her aunt lodged the case.
7. In the given facts and circumstances allowing the prayer of the petitioner it is directed in the event of arrest of the petitioner, named above, in connection with above mentioned case, he shall be released on furnishing bail bond of Rs.15,000/- with a suitable surety each of the like amount, to the satisfaction of the arresting authority. The direction for pre-arrest bail is subject to the conditions that the petitioners:
(a) Shall co-operate with the remaining investigation; (b) Shall not intimate or harass the informant and his family member.
(c) Shall not hamper or tamper with the evidence of the case.
8. Accordingly, this anticipatory bail application stands allowed and disposed of.
9. Return the case diary.
JUDGE Comparing Assistant