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2025 DAILYLAW 25700 (GAU)

MONOWAR HUSSAIN v. THE STATE OF ASSAM

Bail Appln./3659/2025 · 2025-11-30

Sanjeev Kumar Sharma

body2025

Judgment text

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Page No.# 1/3 GAHC010245412025 2025:GAU-AS:16378 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3659/2025 MONOWAR HUSSAIN SON OF- LATEMUNNAF ALI, RESIDENT OF VILLAGE- KADAMTALA KAPAHTALI,P.O.- KADAMTALA, P.S.- ALOPATICHAR, DISTRICT- BARPETA,ASSAM. PIN NO. 781308 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A CHOUDHURY, MS. A KAUSHAR,MR S ISLAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 01.12.2025 Heard Mr. S. Islam, learned counsel appearing for the petitioner. Also heard Mr. R. J. Baruah, learned Addl. P.P., Assam appearing for the State. This is an application under Section 483 of the BNSS, 2023 for grant Page No.# 2/3 of regular bail to the accused/petitioner, viz., Monowar Hussain in connection with Alopatichar P.S. Case No.39/2025 corresponding to GR Case No.1162/2025 registered under Sections 61(2)/80 of the BNS, 2023. As per the allegations contained in the F.I.R., the daughter of the informant was married to the petitioner and in course of their marriage a male child was born who is now aged about 3 ½ years. It is further alleged that during their conjugal life, the daughter of the informant was inflicted with physical and mental torture and on several occasions demand of dowry was made and the petitioner also assaulted the victim on 07.10.2025 causing serious injuries on her person and subsequently set her on fire by pouring petrol whereafter she died at Goalpara Civil Hospital. Upon perusal of the Case Diary it is submitted by the learned Additional Public Prosecutor that as per the statements of the witnesses the petitioner was not present at the place of occurrence at the time of the incident and he himself taken the victim to the hospital. Except the family members of the victim of her paternal side, the other witnesses have not implicated the petitioner. It is submitted on behalf of the petitioner and as stated in the instant application that the victim was in love affair with another person before her marriage to the petitioner and she was pressurized by her father to lead conjugal life with the petitioner as a result of which the Page No.# 3/3 victim committed suicide. Having regard to the materials available in the Case Diary and the period of detention of 47 days till date, the prayer for bail is allowed. It is, therefore, directed that the accused/petitioner shall be released on bail on furnishing a bail bond of Rs.50,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Barpeta under the following conditions :- 1) That the petitioner shall regularly appear during the trial, if one commences and shall not try to influence or intimidate the witnesses in any manner; and 2) That the petitioner shall not commit any offence while on bail. Return back the Case Diary. The Bail Application stands disposed of. JUDGE Comparing Assistant