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2025 Supreme(Online)(Gau) 6994

GAUHATI HIGH COURT
MRS. JUSTICE SHAMIMA JAHAN, J
AMSUL SHEIKH AND ANR – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent


Advocates:
For the Appellants/Petitioners: MR. M KHAN, MS J AKTAR, MR A K DAS
For the Respondents: PP, ASSAM, R KHA(R-2), MR. M I HUSSAIN (R-2)

ORDER

14.08.2025 Heard M. Khan, learned counsel appearing for the petitioners. Also heard Ms. N. Das, learned Addl. Public Prosecutor appearing for the State and Mr. M.

Hussain, learned counsel appearing for respondent No. 2.

This is an application by which the petitioners has prayed for bail in respect of Bongaigaon P.S. Case No. 176/2025 registered under Section

65(1)/89/127(4) of BNS read with Section 6 of the POCSO Act .

The FIR dated 06.07.2025 lodged by the father of the victim reveals that the co-accused who is accused No. 1 in the FIR had forcible sexual relationship with his daughter and made her pregnant. It is further stated in the said FIR that petitioner No. 1 and 2 after the said pregnancy was revealed took the victim to the Kokrajhar Dholmara Public Health Center and by giving medicine prescribed by the doctor, terminated the pregnancy. It is also stated that during that period of time, the victim was missing. However, she was recovered later. On receipt of the said FIR the police registered the same under the aforesaid sections of the law.

Mr. M. Khan submits that the allegation against the petitioners are only that they had taken her to the doctor and terminated her preg

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