Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/445/2025 MUSSABIR AHMED AND ANR.
S/O- LATE NUR UDDIN R/O- NORCHINGBORI, MORIGAON WARD NO- 07,P.O.- NORCHINGBORI DISTT.- MORIGAON, ASSAM PIN-782126.
2: SHIHAB UDDIN S/O LATE NUR UDDI VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR B M DEKA, MR. M ALAM,M ARIF,MR R.AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.02.2025
1. Heard Mr. B. M. Deka, learned counsel for the petitioners. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam.
2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in respect of Moirabari Police Station Case No.31/2025.
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3. A 20 years old girl had a relationship with the petitioner No.1 for a long period of almost one year. They had physical relationships on multiple occasions and ultimately the girl become pregnant and on one day her pregnancy was also terminated by medicines even then the petitioner No.1 did not marry the girl.
4. One day the girl went to the house of the petitioner No.1 but the petitioner No.2, who is the brother of the petitioner No.1 threatened her with dire consequences.
5. I have considered the submissions made by learned counsel for both the sides in the light of the materials available on record.
6. This Court is of the opinion that for the allegation brought against the petitioners they does not deserve to be detained in custody.
7. Their pre-arrest bail application is allowed.
8. It is hereby directed that in the event of arrest in connection with Moirabari Police Station Case No.31/2025 the petitioners Mussabir Ahmed and Shihab Uddin shall be released on bail of Rs.20,000/- each with a surety of like amount to the satisfaction of the arresting Authority.
9. The petitioners are directed to co-operate with the Police Investigating Officer as and when required.
10. With the aforesaid direction, the pre-arrest bail application stands disposed of.
JUDGE Comparing Assistant