Gauhati High Court
AB/600/2026 of MOMINUR SK ALIAS MOMINUL SK Vs THE STATE OF ASSAM AND ANR on 26 April 2026
GAHC010056652026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/600/2026 MOMINUR SK ALIAS MOMINUL SK S/O BAKUL SK, R/O VILL BANIAMARI PT- I, PS GOLAKGANJ, DIST DHUBRI, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REPRESENTED BY THE
GAHC010056652026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/600/2026
MOMINUR SK ALIAS MOMINUL SK
S/O BAKUL SK, R/O VILL BANIAMARI PT- I, PS GOLAKGANJ, DIST
DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
2:MOMINA BIBI
W/O ASKAR ALI MONDAL
R/O VILL BANIAMARI PT- I
PS GOLAKGANJ
DIST DHUBRI
ASSA
Advocate for the Petitioner : MR SARFRAZ NAWAZ, MD A RAHMAN,R MALI,A
MISHRA,SAMIM RAHMAN,MR. SURAJIT DAS
Advocate for the Respondent : PP, ASSAM, MS T PARASHAR
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
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ORDER
Date : 27.04.2026 Heard Mr. S. Das, learned counsel for the petitioner. Also heard Ms. S. H. Borah, learned Additional Public Prosecutor appearing for the State of Assam and Ms. T. Parashar, learned Amicus Curiae representing respondent No.2.
2. This is an application under Section 482 of the BNSS, 2023 whereby the petitioner, Mominur SK @ Mominul SK is seeking Anticipatory Bail apprehending arrest in connection with an FIR, which is registered as Golakganj Police Station case No. 26/2026 registered under Sections 351(3) of BNS, 2023 read with Section 12 of the POCSO Act, 2012.
3. As per the FIR, the petitioner invited the minor daughter of the informant, aged about 9 years, to his house and attempted to do bad things with her. But as she raised hue and cry, the petitioner closed her mouth and told her not to reveal anything.
4. It is submitted on behalf of the petitioner that no such incident as alleged has occurred and the instant FIR has been lodged belatedly on account of disputes between the informant and accused sides.
5. Learned Additional P.P submits that the victim has squarely implicated the petitioner and learned Amicus Curiae with reference to the order of the learned Magistrate dated 10.03.2026 has pointed out that it is evident from the statement of the victim under Section 183 BNSS that the accused had taken the victim to his house and asked her to undress herself.
6. The offense is registered under Section 351(3) of BNS, 2023 read with Section 12 of the POCSO Act, 2012. As far as Section 12 of the POCSO Act is concerned, relating to sexual harassment, the punishment provided for may extend up to 3 years and fine.
7. Having regard to the nature of the allegations and the material available in the Case Diary, the prayer for pre-arrest bail is allowed. Petitioner, Mominur SK @ Mominul SK, in the event of his arrest in connection with the aforesaid case shall be released on interim bail of ₹50,000/- (Rupees fifty thousand) only with 2 (two) sureties of like amount to the satisfaction of the Arresting Authority.
8. It is further provided that the petitioner shall appear before the Investigating Officer within a period of 10 (ten) days from today for the purpose of interrogation and shall co-operate with the investigation.
9. Accordingly, the Anticipatory Bail petition is disposed of. JUDGE Comparing Assistant