ANOWAR HUSSEIN ALIAS ANOWAR HUSSAIN v. THE STATE OF ASSAM
AB/847/2025 · 2025-04-21
Susmita Phukan Khaund
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10644 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10644 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010076302025
2025:GAU-AS:4789
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/847/2025 ANOWAR HUSSEIN ALIAS ANOWAR HUSSAIN S/O NAJRUL HOQUE R/O PABORCHARA DIST DHUBRI ASSAM 2: RAFIKA BIBI W/O ANOWAR HUSSAIN R/O PABORCHARA DIST DHUBRI ASSA VERSUS THE STATE OF ASSAM REP BY PP ASASM Advocate for the Petitioner : A W AMAN, MR SARFRAZ NAWAZ,MR. SURAJIT DAS Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
ORDER Date : 22.04.2025
1. Heard learned Counsel Mr.S.Das for the petitioners 1. Anowar Hussein @ Anowar Hussain and 2.Rafika Bibi who have filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as they are apprehending arrest in connection with Agomani PS Case No. 44/2025 under Section
Page No.# 2/3 329(4)/62/64/118(2)/80/351(3)/296/3(5) of the BNS, 2023.
2. Learned Addl. Public Prosecutor Mr.M.P.Goswami is present for the State respondent who submits that there are incriminating materials in the Case Diary against the petitioners.
3. The allegations against the petitioners are that the petitioner No. 1 molested the informant and petitioner Nos. 1 and 2 also assaulted the informant and caused injury on the informant's ear.
4. I have also scrutinized the Case Dairy. There are indeed incriminating materials in the Case Diary against the petitioners. Investigation has progressed substantially. It appears that custodial interrogation of the petitioners may not be required.
5. Considering all aspects, prayer for pre-arrest bail is allowed.
6. The petitioners named above shall be released on pre-arrest bail in the event of arrest on furnishing bail bond of Rs.30,000/- each with a suitable surety of like amount to the satisfaction of the arresting authority subject to the following conditions:
(i) The petitioners shall appear before the 1.0. within one week and shall co-operate with the investigation, (ii) The petitioners shall refrain from such activities of which they are alleged, (iii) The petitioners shall not exercise any threats to the witnesses or
Page No.# 3/3 try to influence them.
8. On breach of any of the above conditions, pre-arrest bail granted to the petitioners shall automatically stand cancelled.
9. In terms of the above observations, the pre-arrest bail application stands
disposed of.
10. Send back the Case Diary.
JUDGE Comparing Assistant