Abdul Wahab v. The State of Assam

ORDER Date : 18-09-2024

Heard Mr. J. Ali, learned counsel appearing for the petitioner. I have also heard Mr. R.J. Baruah, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3

¶2This is an application under Section 482 of the BNSS, 2023 praying for pre-arrest bail in respect of Morigaon P.S. Case No.232/2024, registered under Sections 69/351(2)/351(3) of the Bharatiya Nyaya Sanhita (BNS), 2023.

¶3The 50 year old informant came to know the petitioner in course of her job. The petitioner promised to marry her and for that matter, they had physical relationship for a long time. One day, the informant woman came to know that the petitioner was already married and therefore, she declined to marry him. It is alleged in the FIR that the present petitioner threatened the woman that he will kill her if she files an ejahar before the police.

¶4I have gone through the statements of the victim woman recorded under Section 183 of the BNSS, 2023.

¶5It is hard to believe that the informant woman had consented to physical relationship with the petitioner because of misconception of fact.

¶6This Court is of the opinion that under the given circumstances of the case, the petitioner does not deserve to be detained in custody. Therefore, the pre-arrest bail application is allowed.

¶7It is hereby directed that in the event of arrest in connection with Morigaon P.S. Case No.232/2024, registered under Sections 69/351(2)/351(3) of the BNS, 2023, the petitioner, namely Md. Abdul Wahab shall be released on bail of ₹25,000/- with surety of like amount to the satisfaction of the arresting authority.

¶8The petitioner is directed to appear before the Investigating Police Officer within next 10(ten) days from today.

The application for bail is disposed of accordingly. Page No.# 3/3 Case diary shall be returned.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010183312024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2366/2024 ABDUL WAHAB S/O LATE HASEN ALI R/O VILL- SARUCHALA P.S. MOIRABARI, IN THE DISTRICT OF MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MR. J ALI,MR S H SIKDAR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA