Page No.# 1/3 GAHC010021482025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/271/2025 MD BIPUL HUSSAIN @ BIPUL ALI S/O IBRAHIM ALI, RESIDENT OF VILLAGE KALIKAJIRI, PS MIKIRBHETA, DIST MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 06.03.2025 Heard the learned counsel Mr. M.K. Hussain appearing on behalf of the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam. Page No.# 2/3 2. This is an application under Section 482 of the BNSS, 2023, whereby the petitioner Md. Bipul Hussain @ Bipul Ali has prayed for anticipatory bail in respect of Morigaon P.S. Case No.294/2024 under Sections 70(1)/115(2) of the BNS, 2023. 3. A 30 year old married woman has alleged in the FIR that on 29.10.2024, she went to Bhurbandha Hospital for medical reasons. While she was sitting in the Hospital, the present petitioner appeared there and told her that her illness could not be cured by medicines. He told her that she should go to a Kabiraj. Accordingly, the woman went to the said Kabiraj by sitting in the motorcycle of the present petitioner. He took her to a Broiler Firm and committed rape upon her. 4. The petitioner submits that Md. Atahar Hussain was maintaining extra-marital relationship with the said woman/informant and the aforesaid fact ultimately came to the notice of the husband of the said woman. According to the present petitioner, in order to save herself, the woman has lodged the said FIR. 5. Mr. Goswami submits that in her statement under Section 183 of the BNSS, 2023, the woman implicated the present petitioner and also co-accused Atahar Hussain. 6. The Case Diary reveals that Atahar Hussain and the woman went to the Broiler Firm and wanted shelter in that Firm. 7. I have considered the submissions made by the learned counsel of both sides. 8. After considering the aforesaid facts, this Court is of the opinion that the present petitioner Md. Bipul Hussain @ Bipul Ali does not deserve to be detained in custody. Accordingly, his pre-arrest bail application is allowed. 9. It is hereby directed that in the event of arrest in connection with Morigaon P.S. Case No.294/2024 under Sections 70(1)/115(2) of the BNS, 2023, the petitioner Md. Bipul Hussain @ Bipul Ali shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. 10. The petitioner shall co-operate with Police Investigating Officer as and when Page No.# 3/3 called for. 11. With the aforesaid direction, the present application for bail is disposed of. Case Diary shall be returned. JUDGE Comparing Assistant