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2025 DAILYLAW 11890 (GAU)

ANOWER HUSSAIN v. THE STATE OF ASSAM

Bail Appln./1440/2025 · 2025-05-20

Mridul Kumar Kalita

body2025

Judgment text

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Page No.# 1/3 GAHC010095052025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1440/2025 ANOWER HUSSAIN S/O- MD. ROIJUDDIN. R/O- VILL-SIMLABARI, NEAR MASJID, P.O- RANGAPANI, P.S- MERESWAR, DIST.- BONGAIGAON, ASSAM. VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR M CHOUDHURY, MR. M MONDAL Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 21.05.2025 1. Heard Mr. M. Mondal, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State. 2. This application under Section 483 of the BNSS, 2023 has been filed by the petitioner, namely, Anower Hussain, who has been detained behind the bars since 09.04.2025 (for last 43 days) in connection with Dispur P.S. Case No. 327/2025 under Page No.# 2/3 Sections 117(2)/140(2)/3(5)/308(5)/351(2) of BNS. 3. The gist of accusation in this case is that on 10.03.2025, one Manowar Khan had lodged an FIR before the Officer-in-charge of Dispur Police Station, inter alia, alleging that on 08.03.2025 at about 8:40 PM when he was coming from Ganeshguri wholesale market, one person asked for lift on his bike and when the informant offered lift to the said person he took him in a house at Rukminigaon and went to a room where the informant was locked from outside and thereafter two girls came into the room and removed their cloths and thereafter another three persons came and recorded video of the whole situation and thereafter money was demanded from the informant. 4. The learned counsel for the petitioner has submitted that the petitioner is not involved in the offence alleged in this case and the only accusation against him is that Rs.10,000/- (Rupees Ten Thousand) was transferred in his account through online mode. He also submits that the petitioner has been detained behind the bars for last 43 days and considering the period of detention, he may be allowed to go on bail. 5. On the other hand, the learned Additional Public Prosecutor has produced the case diary of Dispur P.S. Case No. 327/2025 and has vehemently opposed the grant of bail to the petitioner on the ground that it is the petitioner who took the informant to his house and locked the informant from outside and he conspired with the other co-accused to blackmail the informant. He further submits that the other co- accused persons are yet to be arrested and the investigation is not yet completed and considering the stage of the investigation and the fact the co-accused are yet to be arrested, he opposes the bail. 6. I have considered the submissions made by the learned counsel for both the sides and have perused the materials available in the case diary. 7. There are sufficient incriminating materials against the petitioner in the case diary and the co-accused persons are yet to be arrested. Page No.# 3/3 8. Considering the above facts, this Court is not inclined to grant bail to the petitioner at this stage, hence, the prayer for bail is rejected. 9. Send back the case diary. JUDGE Comparing Assistant