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2026 DAILYLAW 14063 (GAU)

AKRAM HUSSAIN ALIAS AKRAM ALI AND 3 ORS. v. THE STATE OF ASSAM

AB/2153/2026 · 2026-09-08

Shamima Jahan

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Judgment text

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Page No.# 1/4 GAHC010194672026 2026:GAU-AS:13145 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2153/2026 AKRAM HUSSAIN ALIAS AKRAM ALI AND 3 ORS. S/O EUSUB ALI, R/O VILL LARUAJAN, PO PACHIM SAMARIA, PS CHAYGAON, DIST KAMRUP, ASSAM, PIN 781136 2: NURUL ISLAM C/O ALIBAR HUSSAIN R/O VILL MANJURI BILL DHUN DHUN TARI PS CHAYGAON DIST KAMRUP ASSAM PIN 781137 3: RAHMAT ALI S/O MD EUSUB ALI R/O VILL LARUAJAN PS CHAYGAON DIST KAMRUP ASSAM PIN 781136 4: AKMAT ALI S/O MD EUSUB ALI R/O VILL LARUAJAN PS CHAYGAON DIST KAMRUP ASSAM PIN 78113 VERSUS THE STATE OF ASSAM TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM Page No.# 2/4 Advocate for the Petitioner : MR A W AMAN, S T AMAN,MD A RAHMAN,A MISHRA,MR SARFRAZ NAWAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 09.09.2026 1. Heard Mr. S. Nawaz, learned counsel appearing for the petitioners. Also heard Ms. S.H. Borah, learned APP appearing for the State of Assam. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Chhaygaon P.S. Case No. 178/2026 registered under Sections 69/89/61(2) of the BNS, 2023. 3. The FIR in connection with which the petitioners apprehend arrest was lodged by the victim herself stating inter alia that she had been in a relationship with accused No. 1, namely, Aminul Haque for the past eight years. It was further alleged that the said Aminul Haque on the promise of marriage established physical relations with her without her consent. 4. It was further stated that the relatives of the said Aminul Haque, namely, his father, uncles and brother-in-law had also given her false assurances of marriage and when she went to the house of Aminul Haque seeking to secure her rightful place, they sent her back to her parental home. She further stated that as a result of her relationship with the said Aminul Haque, she became pregnant and that his relatives, namely, the petitioners threatened her and Page No.# 3/4 compelled her to undergo an abortion. It was alleged that she was forced to take medicines for termination of her pregnancy. She also stated that on an earlier occasion she had similarly been compelled to undergo an abortion. According to the informant both Aminul Haque and his relatives had betrayed her and pushed her life into darkness. 5. The learned counsel appearing for the petitioners submits that the allegations made in the FIR are concocted and that there was a promise of marriage. He further submits that there is no material to show that accused No. 1 or any of his family members had given any false promise of marriage to the informant. 6. Ms. S.H. Borah, learned APP appearing for the State of Assam however submits that not only the principal accused but also his family members had allegedly compelled the informant to undergo an abortion not only on one occasion but also on an earlier occasion. 7. On consideration of the submissions made by the learned counsel for the parties, more particularly in view of the fact that the relationship between the informant and accused No. 1 had continued for around eight years and there had been no objection raised during the subsistence of such relationship, this Court deems it fit to enlarge the petitioners on pre-arrest bail upon furnishing a bail bond of Rs.20,000/- each with one local surety of the like amount each to the satisfaction of the Arresting Authority subject to the following conditions: (i) The petitioners shall positively appear before the Investigating Officer within a period of 10 days from today and corporate with the Page No.# 4/4 investigation without any failure, (ii) The petitioners shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case; and (iii) The petitioners shall not leave their residence without prior permission of the Investigating Officer. 8. Accordingly, this Anticipatory Bail application is disposed of. JUDGE Comparing Assistant