Ziaur Rahman Choudhury @ Ziaur Rahman v. The State of Assam and Anr

PageoNo.#o1/3 GAHC010161452024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oBailoAppln./2415/2024o ZIAURoRAHMANoCHOUDHURYo@oZIAURoRAHMANo S/OoMR.oSEKANDARoALI,oVILL-oMOWAMARI,oP.S.-SAMOGURI,oDIST-o NAGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDoANRo REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:RITUMONIoGOHAIN oD/OoLT.oKRISHNAoGOHAIN oVILL-o3oNO.oSIMALUGURI oP.O.-SIMALUGURI oP.S.-BIHPURIA oDIST-oLAKHIMPUR oASSAM oPIN-78416o AdvocateoforotheoPetitionerooooo:oMDoBoISLAM,o AdvocateoforotheoRespondento:oPP,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 :: BEFORE :: HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

O R D E R

28.08.2024

Heard Mr. B. Islam, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam.

¶2This is an application under Section 483 of the BNSS, 2023 praying for grant of regular bail to the petitioner Ziaur Rahman Choudhury @ Ziaur Rahman who has been arrested in connection with All Women P.S. Case No.0039/2024, registered under Sections 115(2)/ 3(5)/ 316(2)/ 318(4)/ 64(2)(m)/89 of BNS.

¶3A married lady with a child was maintaining a relationship with the present petitioner who is also married. He promised that after divorcing his wife, he will marry the informant. Thereafter, the had regular physical relationship. Ultimately, the petitioner allegedly started to avoid the informant.

¶4I have considered the submissions made by the learned counsel of both sides.

¶5Under the given circumstances, the petitioner does not deserve to be detained in custody for any further period of time. His bail application is allowed.

¶6The petitioner Ziaur Rahman Choudhury @ Ziaur Rahman who has been arrested in connection with All Women P.S. Case No.0039/2024, registered under Sections 115(2)/ 3(5)/ 316(2)/ 318(4)/ 64(2)(m)/89 of BNS, is allowed to go on bail of ₹25,000/- with a surety of like amount to the satisfaction of the Page No.# 3/3 learned Chief Judicial Magistrate, Kamrup(M). The bail application is disposed of accordingly. The case diary shall be returned.

JUDGE Comparing Assistant