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2025 DAILYLAW 13600 (GAU)

ABDUL MAZID v. THE STATE OF ASSAM AND ANR

AB/1259/2025 · 2025-06-12

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010119792025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1259/2025 ABDUL MAZID S/O MAZU SHEIKH R/O HOUSE NO. 50, SANKAR AZAN PATH, HATIGAON, P.S. HATIGAON, GUWAHATI-38, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:MITALI BARUAH D/O BIPIN CH. DAS P.S. BASISTHA HOUSE NO. 27 BONGAON BELTOLA GUWAHATI-28 KAMRUP (M) ASSA Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MR S HOQUE Advocate for the Respondent : PP, ASSAM, MR. S RAHMAN (R-2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.06.2025 1. Heard Mr. S. M. Abdullah P, learned counsel for the petitioner. Also heard Mr. K. K. Das, learned Additional Public Prosecutor for the State of Assam and Mr. S. Hussain, learned counsel for the respondent No.2. 2. Mr. Das, learned Additional Public Prosecutor prays for calling for the Case Diary. 3. This application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of pre-arrest bail to the petitioner, Abdul Mazid in respect of Baisistha P. S. Case No.289/2025. 4. A woman having a child has been living together with the petitioner since the year 2017. On 21.05.2025, the petitioner assaulted the said woman for which she called Police, now she lodged an FIR before Police stating that since 2017, he has been sexually abusing her and threatening her that he will kill her child. 5. Today, the learned counsel for the respondent No.2, who has already filed an affidavit stating that she has no objection, if the pre-arrest bail of the petitioner is allowed. According to the respondent No.2, she has already reconciled her differences with the petitioner and has been living peacefully with him. 6. I have considered the submission made by learned counsel for both the sides. 7. Under the aforesaid circumstance, this Court is of the opinion that the Page No.# 3/3 petitioner does not deserve to be detained in custody. 8. The pre-arrest bail application of the petitioner is allowed. 9. It is hereby directed that in the event of arrest in connection with Basistha P. S. Case No.289/2025, the petitioner, Abdul Mazid shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the arresting authority. 10. The petitioner shall continue to co-operate with the Police Investigating Officer as and when called for. 11. With the aforesaid direction, the pre-arrest bail application is disposed of. JUDGE Comparing Assistant