IKRAMUL HUSSAIN @ IKRAMUL ISLAM v. THE STATE OF ASSAM
Bail Appln./186/2025 · 2025-02-10
Parthivjyoti Saikia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6280 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6280 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010013362025
undefined
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./186/2025 IKRAMUL HUSSAIN @ IKRAMUL ISLAM S/O ABDUL JALIL, R/O PADUMONI , P.S. LALUK, DISTRICT LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR M H AHMED, I AMIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.02.2025
Heard Mr. M.H. Ahmed, learned counsel appearing for the petitioner and Mr. K. Baishya, learned Addl. Public Prosecutor appearing for the State respondent. This is an application under Section 483 of the BNSS, whereby the petitioner, Ikramul Hussain @ Ikramul Islam, has prayed for bail in connection with Laluk P.S. Case No. 17/2025 under Sections 64/87 of BNS. Page No.# 2/3 A 25 year’s old married woman, having three children, has lodged a complaint against the present petitioner, stating that he is the friend of her husband and the petitioner allegedly used to talk to her on different occasions. According to the informant, on 09.01.2025, when her husband was not present in the house, he kidnapped her forcefully and took her to his house, wherein he raped her and kept her in the entire night. Next morning, the petitioner dropped her in her house. In her statement under Section 183 of BNS, she has implicated the present petitioner. Mr. Ahmed has pointed out that the call report available in page 14 of the application shows that the informant used to call the petitioner over phone. According to Mr. Ahmed, the informant threatened him that if he does not take her away, she might commit suicide. I have considered the submissions made by both sides. The allegation of kidnapping of the 25 years old married lady is not an acceptable proposition. The informant seems to be the consenting party to the act of the petitioner. The petitioner has already spent 30 days in judicial custody. Considering all the facts, this Court is of the opinion that the petitioner deserves to be released on bail. Accordingly, the petitioner, Ikramul Hussain @ Ikramul Islam, is allowed to go on bail of Rs.25,000/- with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhimpur, North Lakhimpur. Page No.# 3/3 Return the case diary.
With the aforesaid observation, the bail application is disposed of. JUDGE Comparing Assistant