Page No.# 1/3 GAHC010277622025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3022/2025 HAFIJUL HUSSAIN S/O JAKIR HUSSAIN RESIDENT OF VILL- KACHARUA P.S. KAMALPUR DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MR. I U CHOWDHURY,S NAZNIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 06.02. 2026 Heard Mr. HRA Chodhury, learned senior counsel, assisted by Ms. S. Nazneen, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. P.P. for the State respondent. This application has been preferred by the petitioner namely, Hafijul Hussain under Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS), Page No.# 2/3 2023, praying for pre-arrest bail, apprehending arrest in connection with Rangia P.S. Case No. 197/2025 under Section 108 of BNS, 2023. The allegation made against the petitioner is that the brother of the deceased lodged an FIR dated 26.08.2025 alleging inter alia that the accused No. 1 had been in a love relationship with his sister Jonmoni Begum for the past three years and, under the guise of that relationship sexually exploited and blackmailed her. Eventually when the proposal for marriage was made, accused No. 1, alongwith the accused No. 2 demanded cash and various dowry items in order to marry his sister. Because of this, his sister did not have the courage to tell the family. Since their family somehow manages to survive with great difficulty, accused No. 1 often used to call his sister over the phone, and whenever she failed to give him money as per his demands, he would hurl obscene abuses at her and threaten her with death which his mother also heard. Having no way out, his sister consumed poison on 23.08.2025 as she could no longer bear the torture inflicted by the accused. He immediately took her to Rangia Swasti Hospital, but unfortunately she succumbed to death on the next morning. The accused No. 2 helped the accused No. 1 to abscond him. Hence this case. Case diary is received and perused. The earlier pre-arrest bail in respect of the petitioner being AB No. 2538/2025 was rejected by this court by order dated 12.11.2025. It is stated in the instant second pre-arrest bail application that the petitioner’s aged father is suffering from various cardiovascular ailments and has recently been diagnosed with multiple heart- related complication. The medical officer has categorically advised that he must remain under constant care, Page No.# 3/3 regular monitoring and timely medical supervision, failing which he may suffer a sudden heard attack or stroke. The petitioner is the only person available to look after his father’s daily needs, medical appointments and emergency support, and any disruption in such care would cause irreparable harm to the fragile health condition of his father. Having regard to the above, this court is of the view that the petitioner can be granted protection for a limited period. Accordingly, it is provided that in the event of his arrest he shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand only) with one surety of like amount to the satisfaction of the arresting authority in connection with the aforementioned case for a limited period of 30 (thirty) days from today. In the meantime, the petitioner shall appear before the I.O. within a period of 7 (Seven) days from today and cooperate with the investigation. Petition stands disposed of. Send back the case diary. JUDGE Comparing Assistant