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2025 DAILYLAW 23883 (GAU)

Mrs Asima Begum v. The State of AP

BA/146/2025 · 2025-12-16

Parthivjyoti Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC040019372025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : BA/146/2025 Mrs Asima Begum Wife of Mohammad Salam Khureshi, Son of Md Yaseem Khureshi, permanent resident of Raidongi, Teokghat, Charaideo District, Assam 785690 and presently residing at Mawana, District Meerut, Po and PS Mawana, Uttar Pradesh 250401 VERSUS The State of AP represented by the PP of AP Advocate for the Petitioner : Dorjee Phinjo Sona, Ojing Pada,1 R Singhi,S K Sharma Advocate for the Respondent : P P of AP, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 17.12.2025 Heard Mr. O. Pada, learned counsel appearing for the applicant. Also heard Mr. G. Tado, learned Additional Public Prosecutor for the State respondent. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is the wife of the accused, praying for release of the accused, namely, Mohammad Salam Khureshi, who has been arrested on 30.06.2025 in connection with Itanagar Women P.S. Case No. Page No.# 2/3 40/2025 under Sections 64(2)/75(2)/77/79/351(2) of the BNS, 2023. One 33 year old married woman was maintaining an extra marital relationship with the present accused/petitioner for a long time. During that relationship, the accused/petitioner allegedly took her obscene photographs. Later on, the informant came to know that the accused was already married. After knowing this, the informant wanted to stop her relationship with the accused/petitioner but the accused/petitioner allegedly used to blackmail her by showing those photographs and continued his relationship with her. I have considered the submissions of the learned counsels for both the sides. The accused/petitioner has been in custody for nearly more than 5(five) months. This Court is of the considered opinion that, under the given circumstances, he no longer deserves to be detained in custody for further period of time. His bail application is allowed. The accused/petitioner, namely, Mohammad Salam Khureshi, who was arrested in connection with Itanagar Women P.S. Case No. 40/2025 shall be released on bail bond of Rs. 25,000/- (Rupees twenty-five thousand) only with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate Yupia, Papum Pare District, subject to the following conditions: (i) That the accused shall co-operate with the proceedings of the Trial Court and make himself available as and when he is required to be present before the Trial Court; and (ii) That the accused shall not try to influence any witness or try to temper or hamper the trial proceedings; Page No.# 3/3 Accordingly, the instant bail application is disposed of as allowed. JUDGE Comparing Assistant