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2025 DAILYLAW 25492 (GAU)

SADDAM HUSSAIN v. THE STATE OF ASSAM

AB/2689/2025 · 2025-11-13

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/2 GAHC010250972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2689/2025 SADDAM HUSSAIN SON OF CHAND MOHAMMAD ALI VILL- GHOGA, P.S. MUKALMUA DIST. NALBARI, ASSAM, PIN-781126. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR S MUKTAR, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 14.11.2025 1. Heard Mr. S Muktar, learned counsel for the petitioner. Also heard Ms. N Das, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail for the petitioner namely, Saddam Hussain in Page No.# 2/2 connection with Hatigaon P.S Case No. 196/2025 U/S 69 of BNS, 2023 (GR 5243/25). 3. The allegation as contended in the FIR is that the informant, who was working as a nurse in a hospital, had been in a relationship with the petitioner who is her co-worker and they had maintained a physical relationship. It is alleged that after such relationship upon a promise of marriage, the petitioner, subsequently, refused to marry. Hence the case. 4. It appears that both the petitioner and the alleged victim lady are married persons with children and both were aware of each other’s marital status and therefore, it is not believable that the informant would consent to a sexual relationship on the promise of marriage. 5. Having regard to the aforesaid facts and circumstances, the custodial interrogation of the petitioner is not deemed to be necessary. 6. Accordingly, the prayer for pre-arrest bail is allowed. The above named petitioner, in the event of his arrest in the aforesaid case, shall be released on pre-arrest bail on furnishing a bail bond of Rs. 20,000/- with 1(one) local surety of like amount to the satisfaction of the arresting authority. 7. It is further provided that the petitioner shall cooperate with the investigation. 8. Bail petition stands disposed of. JUDGE Comparing Assistant