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2025 DAILYLAW 24871 (GAU)

MD MEHEBUB HUSSAIN ALIAS MEHBUH HUSSAIN v. THE STATE OF ASSAM

AB/2509/2025 · 2025-11-24

Sanjeev Kumar Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010234182025 2025:GAU-AS:16012 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2509/2025 MD MEHEBUB HUSSAIN ALIAS MEHBUH HUSSAIN S/O MONIRUL ISLAM VILL- MOYNABANDHA P.S. SOUTH SALMARA DIST. SOUTH SALMARA-MANKACHAR, ASSAM, PIN-783135. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 25.11.2025 1. Heard Mr. A.Z. Ahmed, learned counsel for the petitioner. Also heard Mr. D.P Goswami, learned Additional Public Prosecutor for the State. Page No.# 2/3 2. This is an application under Section 482 of BNSS, 2023 has been filed by the petitioner, namely, 1. Md. Mehebub Hussain @ Mehbub Hussain, seeking pre-arrest bail in connection with South Salmara P.S Case No. 111/2025 registered under Section 127(2)/64/49 of BNS,2023. 3. The allegation as reflected in the FIR is that the present petitioner forcibly took the informant, who is a married lady to the shop of another person and committed rape upon her. 4. Upon perusal of the statements of the victim recorded by the I.O and by the Magistrate, the same are found to be wholly contradictory to each other. 5. From the above, the possibility of false implications appears to be very much present. Having regard to the above, prayer for pre- arrest bail is allowed. 6. It is provided that, in the interim, that in the event of the arrest of the petitioner in connection with the above-noted case, the above-named petitioner, shall be allowed to go on interim bail of Rs.20,000/- (Rupees Twenty Thousand) only with one surety of the like amount subject to the satisfaction of the arresting authority with following conditions: (i) That the petitioner shall co-operate in the investigation; (ii) That the petitioner shall appear before the I.O for recording his statement; (iii) That the petitioner shall not hamper or tamper with Page No.# 3/3 evidence. 7. Return back the case diary. 8. Accordingly, this anticipatory bail application stands allowed and disposed of. JUDGE Comparing Assistant