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2026 DAILYLAW 12629 (GAU)

NUMAN RIZVI HAQUE v. THE STATE OF ASSAM

AB/1655/2026 · 2026-08-17

Anjan Moni Kalita

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010150442026 2026:GAU-AS:11754 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1655/2026 NUMAN RIZVI HAQUE SON OF NIZAMUDDIN HAQUE, RESIDENT OF BABUPATTI BORA ROAD, WARD NO. 4, POLICE STATION SIVASAGAR, DISTRICT SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. A AHMED, U U KHAN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date : 18-08-2026 Heard Mr. A. Ahmed, the learned counsel appearing for the accused- applicant. Also heard Mr. R.J. Baruah, the learned Additional Public Prosecutor for the respondent State as well as Mr. U. Choudhury, the learned Legal Aid Counsel appearing for the informant. Page No.# 2/4 2. This is an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for granting pre-arrest bail to the accused-applicant in connection with Jalukbari Police Station Case No. 264/2026 under Sections 117(2)/142/351(3)/69/79/89 of the Bharatiya Nyaya Sanhita, 2023. 3. An FIR was lodged on 13.07.2026 by the informant before the Jalukbari Police Outpost, alleging, inter-alia that the accused-applicant, who is an advocate by profession by way of false marriage, exploited the informant sexually and when she became pregnant with his child, he forced her to terminate the pregnancy. It is also alleged that they started staying together and having physical relationship, the accused-applicant started behaving differently and started abusing her after consuming alcohol. When she protested about those behaviours, the accused-applicant started torturing her. It is also alleged that inspite of having the relationship with the informant, the accused- applicant was maintaining relationship with his ex-girlfriend, whom also he ditched after promising marriage. 4. In view of the aforesaid FIR, the Police registered Jalukbari Police Station Case No. 264/2026 under the aforementioned Sections. 5. A Coordinate Bench of this Court vide order dated 23.07.2026 granted interim pre-arrest bail to the accused-applicant and directed him to appear before the Investigating Officer within a period of 10 (ten) days from that order. 6. The learned counsel appearing for the accused-applicant submits that the accused-applicant is willing to marry the informant and whatever happened is Page No.# 3/4 not intentional and there was no torture by him on the informant. He submits that there was a love relationship between the accused-applicant and the informant, and during such relationship, some minor tussles happened, but there was no harm caused to the informant by the accused-applicant. He submits that he is still willing to reconcile with her. He further submits that in terms of the directions vide order dated 23.07.2026, the accused-applicant has already appeared before the Investigating Officer and his statement has been recorded. 7. In view of the aforesaid, the learned counsel for the accused-applicant prays for the interim order to be made absolute. 8. On the other hand, Mr. R.J. Baruah, the learned Additional Public Prosecutor, submits that there are sufficient incriminating materials against the accused-applicant of his involvement and harassment of the informant by the accused-applicant on the promise of false marriage. 9. Mr. U. Choudhury, the learned Legal Aid Counsel appearing for the informant submits that the informant has been harassed on the basis of false promise of marriage and she has to undergo an abortion because of such relationship with the accused-applicant. He further submits that the informant is not willing for any kind of reconciliation with the accused-applicant at this stage. 10. The Case Diary in the instant case has been received and the same is perused. Page No.# 4/4 11. On consideration of the materials available in the Case Diary and the submissions made by the learned counsel appearing for the respective parties, this Court is not inclined to grant pre-arrest bail to the accused-applicant. 12. Accordingly, the instant Anticipatory Bail application is rejected and the interim order passed on 23.07.2026 is cancelled. 13. Case Diary to be returned. JUDGE Comparing Assistant