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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/369/2026 ANUWAR HUSSAIN S/O- LT. ABUL MATIN, R/O- VILLAGE- ALI NAGAR, P.S.- HOJAI, DIST- HOJAI, PIN-782445, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, R KHA,N. UDDIN,MS. P AHMED,MR.
M I HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 13.03.2026
Heard the learned Senior Counsel Mr. H R A Choudhury assisted by Mr. M I Hussain appearing for the petitioner. Also heard Mr. P S Lahkar, the learned Additional Public Prosecutor for the State of Assam.
2. This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of Hojai P.S. Case No. 08/2026.
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3. In the house of Md. Rafiquddin, a widow works as a maid. She has alleged that on 10.01.2026, the present petitioner had entered into her house and committed rape upon her.
4. In her statement under Section 183 of the BNS, 2023, the lady has implicated the petitioner.
5. Mr. Choudhury has pointed out that Md. Rafiquddin has filed a Title Suit against some persons including the present petitioner in respect of landed properties. According to Mr. Choudhury, the victim girl worked in the house of Md. Rafiquddin and he has instigated her to make false allegations against the present petitioner. The lady lives at a distance of 6 kms from the house of the present petitioner.
6. I have considered the submissions made by the learned counsel of both sides.
7. Therefore, under the given circumstances, this Court is of the opinion that the petitioner does not deserve to be detained in custody for the allegations brought against him.
8. Accordingly the Anticipatory Bail Application of the petitioner is allowed.
9. It is hereby directed that in the event of arrest in connection with Hojai P.S. Case No. 08/2026, the petitioner, Anuwar Hussain shall be released on bail of ₹25,000/- with a surety of like amount to the satisfaction of the arresting authority.
10. The petitioner shall co-operate with the Investigating Officer as and when called for.
11. With the aforesaid direction, the Anticipatory Bail Application is disposed of. The CD shall be returned. JUDGE Comparing Assistant