Page No.# 1/4 GAHC010252762024 2025:GAU-AS:298 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3145/2024 ASHRAFUZ ZAMAN S/O GOLENUR ISLAM R/O WARD NO. 1, MANGALDAI P.S. MANGALDAI DIST. DARRANG, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I U CHOWDHURY Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 08.01.2025 Heard Mr. H R A Choudhury, learned Senior Counsel assisted by Ms. H Ahmed, learned counsel for the petitioner and Ms. N Das, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending his arrest, the petitioner, namely, Ashrafuz Zaman, son of Golenur Page No.# 2/4 Islam, resident of Ward No.1, Mangaldai, P.S.-Mangaldai, District-Darrang has filed this application under Section 482 of the BNSS, 2023, praying for his pre-arrest bail in Mukalmua Police Station Case No. 338/2024 registered under Sections 140(3)/85/117(2)/351(2)/3(5) BNS, 2023. 3) As per the petitioner, when both he and the victim were pursuing their law course at Guwahati, they had a love affair that was opposed by their families. As such, both of them got married by a Marriage Agreement sworn before the Notary at Mangaldai, district-Darrang on 13.09.2024. 4) Thereafter, on 19.10.2024, they got married under the Special Marriage Act, 1954 and Assam Rules, 1961 before the Marriage Officer, Darrang, Mangaldoi, pursuant to which, certificate No. 547 was duly issued by the concerned Marriage Officer, Darrang, Mangaldoi on 19.10.2024. 5) But later on 06.11.2024, the informant lodged an FIR against the petitioner, his father, his mother and his brother, relating to physical assault on her person and also relating to demanding of Rs. 10,00,000/- from her parents, stating therein that the petitioner, along with two others kidnapped her, recorded her nude photographs and videos and threatened her that if she does not comply with the conditions imposed upon her by the petitioner, he will upload all those photographs and videos of her in the public forum/social media. 6) Mr. H R A Choudhury, learned Senior Counsel submitted on behalf of the petitioner that as the informant is his legally married wife, he is entitled for his pre-arrest bail in said Mukalmua P.S. Case No. 338/2024 registered under Sections 140(3)/85/117(2)/ 351(2)/3(5) BNS, 2023, which was lodged by the informant, i.e., his wife in a belated FIR dated 06.11.2024, relating to the incident that occurred on 08.08.2024. 7) Mr. H R A Choudhury, learned Senior Counsel for the petitioner also submitted that earlier, Dispur P.S. Case No. 676/2024 under Section 87/115(2)/117(2)/324(2)/134/303(2) BNS, 2023 was registered against the petitioner, wherein he was arrested on 03.07.2024 and later, released on bail by a Coordinate Bench of this Court by order dated 22.07.2024 passed in Bail Application No. 2093/2024, preferred by him. Page No.# 3/4 8) By filing an additional affidavit yesterday, i.e., on 07.01.2025 in the matter, it is submitted on behalf of the petitioner submitted that Criminal Petition No. 1316/2024 has been filed by him for quashing the FIR relating to said Dispur P.S. Case No. 676/2024, which is presently pending before the appropriate Bench of this Court for consideration. 9) Mr. H R A Choudhury, learned Senior Counsel for the petitioner further submitted that as on date, police did not submit any report in the Final Form in said Dispur P.S. Case No. 676/2024, which was lodged against him by the father of the informant of said Mukalmua P.S. Case No. 338/2024, i.e., his wife, in which, it was alleged that the petitioner kidnapped his daughter, i.e., the informant of said Mukalmua P.S. Case No. 338/2024 from the City Girls P.G. at Six Mile, where she was residing and tried to kill her by assaulting her with a rod; broke one of her phone and also took away her I Phone. 10) It is also submitted by Mr. 10) It is also submitted by Mr. H R A Choudhury, learned Senior Counsel for the petitioner that as the informant of the case is his legally married wife, the allegations lodged by her are baseless and since the informant voluntarily married the petitioner, the Court, considering such materials, should release him/grant him pre-arrest bail in said Mukalmua P.S. Case No. 338/2024 registered against him. 11) It is further submitted by Mr. H R A Choudhury, learned Senior Counsel for the petitioner that he shall abide by any terms and conditions that may be imposed upon him, while granting pre-arrest bail to him in said Mukalmua P.S. Case No. 338/2024. 12) Ms. N Das, learned Additional Public Prosecutor, Assam has placed the case diary pertaining to said Mukalmua P.S. Case No. 338/2024, in which, the petitioner is seeking his pre-arrest bail. 13) Perused the statement of the victim girl recorded under Section 183 BNSS, 2023 by the learned Judicial Magistrate First Class, Nalbari on 10.11.2024 as well as her statement recorded by Police under Section 180 BNSS, 2023, wherein, the informant implicated the petitioner relating to the allegations made by her in her FIR dated 06.11.2024, involved in the case. 14) The petitioner himself admitted that said Dispur P.S. Case No. 676/2024 registered Page No.# 4/4 under Section 87/115(2)/117(2)/324(2)/ 134/303(2) BNS, 2023 is still pending against him and that police are yet to file its report in the Final Form in said Dispur P.S. Case. 15) In the order dated 22.07.2024 passed by a Coordinate Bench of this Court in Bail Application No. 2093/2024, which is annexed as Annexure-V of this petition, while granting bail to the petitioner in said Dispur P.S. Case No. 676/2024, the first condition incorporated therein was that the petitioner shall not go anywhere near the vicinity of the victim. The victim of said Dispur P.S. Case No. 676/2024 is the informant of said Mukalmua P.S. Case No. 338/2024, i.e., the concerned case in which the petitioner is seeking pre-arrest bail. 16) However, the petitioner claimed that he married the informant ,i.e., the victim of said Dispur P.S. Case No. 676/2024 on 19.10.2024 under the Special Marriage Act, 1954 before the Marriage Officer, Darrang, Mangaldoi and prior to that, entered into a Notary agreement on 13.09.2024 in that regard. This itself indicates that the petitioner violated the terms and conditions of the bail granted to him earlier by a Coordinate Bench of this Court on 22.07.2024 in Bail Application No. 2093/2024, while releasing him on bail in said Dispur P.S. Case No. 676/2024. 17) Finding such materials against the petitioner as well as the materials placed before the Court from the case diary pertaining to Mukalmua P.S. Case No. 338/2024, this Court is of the view that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Ashrafuz Zaman, son of Golenur Islam, in said Mukalmua P.S. Case No. 338/2024. 18) Accordingly, this pre-arrest bail application of the petitioner, named above, in said Mukalmua P.S. Case No. 338/2024 stands rejected. 19) Return the case diary herewith. JUDGE Comparing Assistant