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2025 DAILYLAW 24148 (GAU)

JAKIR HUSSAIN AND 2 ORS. v. THE STATE OF ASSAM

AB/2865/2025 · 2025-12-16

Pranjal Das

body2025

Judgment text

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Page No.# 1/3 GAHC010268912025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2865/2025 JAKIR HUSSAIN AND 2 ORS. S/O NURUL HUDA, R/O CHOTO RUPAHI, PO HERAPATI, PS NAGAON, DIST NAGAON, ASSAM, PIN 782002 2: JAHANGIR ALAM S/O JAKIR HUSSAIN R/O CHOTO RUPAHI PO HERAPATI PS NAGAON DIST NAGAON ASSAM PIN 782002 3: AYSHA KHATUN WO JAKIR HUSSAIN RO CHOTO RUPAHI PO HERAPATI PS NAGAON DIST NAGAON ASSAM PIN 78200 VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER Date : 17.12.2025 1. Heard Mr. M.K Hussain, learned counsel for the petitioners. Also heard Mr. D.P Goswami, learned Addl. Public Prosecutor for the State of Assam. 2. This is an application filed u/s 482 of the BNSS, 2023 praying for grant of pre-arrest bail to the petitioners namely, (1) Jakir Hussain, (2) Jahangir Alam, and (3) Aysha Khatun in connection with Nagaon P.S Case No. 861/2025 registered u/s 123/64/85/351(2)/3(5) of BNS, 2023. 3. In the FIR dated 09.10.2025, the informant, who is also the victim, has alleged that, taking advantage of the fact that her husband (petitioner No. 2) working in a private school and who used to come late, her father-in-law (petitioner No. 1) used to have illicit relationship with her and also used to give her tablets whereupon she became semi-unconscious and that he did such illicit acts on more than one occasion. It is further alleged that when she informed about it to her husband and threatened to inform it to her father, the accused persons tied her up and gave her electric shocks and that later she could somehow manage to escape from the house. 4. The Case Diary has been received. 5. The learned counsel for the petitioners submits that the perhaps, anticipatory bail may be considered for petitioner No. 2 & 3 at least. 6. I have perused the Case Diary. Mr. D.P Goswami, learned Addl. Public Prosecutor for the State of Assam submits that the statements of the alleged Page No.# 3/3 victim have been recorded during investigation and her statements before the police and Ld. Magistrate are consistent and she has implicated clearly her father-in-law. She has also supported her allegations with regard to petitioner No. 2 & 3 about being tied up and given electric shocks when she wanted to reveal the matter of illicit relationship to her father. 7. In view of the emerged facts and circumstances, it may not be an appropriate case for grant of anticipatory bail. 8. Accordingly, the petition stands rejected and dismissed. 9. Send back the Case Dairy. JUDGE Comparing Assistant