Najimul Islam v. The State of Assam

ORDER Date : 18-09-2024

Heard Mr. J. Ahmed, learned counsel appearing for the petitioner. I have also heard Ms. S.H. Bora, learned Additional Public Prosecutor for the State of Assam.

¶2This is an application under Section 482 of the BNSS, 2023 praying for Page No.# 2/2 pre-arrest bail in respect of Mikirbheta P.S. Case No.104/2024, registered under Section 69, Bharatiya Nyaya Sanhita (BNS), 2023.

¶3A 22 year old married woman had developed relationship with the present petitioner. They had physical relationship also. They even spent night in a hotel. After that, he refused to marry her. He even offered an amount of Rs. 30,000/- to settle the dispute.

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

¶5On a plain reading of the FIR, no incriminating case is found to be established against the petitioner. Therefore, the pre-arrest bail application is allowed.

¶6It is hereby directed that in the event of arrest in connection with Mikirbheta P.S. Case No.104/2024, registered under 69, of the BNS, 2023, the petitioner, namely, Najimul Islam shall be released on bail of ₹20,000/- with surety of like amount to the satisfaction of the arresting authority.

¶7The petitioner shall co-operate with the police investigation as and when required.

¶8The application for bail is disposed of accordingly.

¶9Case diary shall be returned. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010184872024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2404/2024 NAJIMUL ISLAM S/O MAHAMMAD ALI, VILL- BAGARIBARI, P.S.-MIKIRBHETA, DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR. J AHMED, MR N ZAMAN,H G DAISY,R BEGUM,MS A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA