Haidar Ali and Anr v. The State of Assam

ORDER Date : 18.12.2024 Heard Mr. S.Y. Ahmed, learned counsel appearing for the petitioners and Mr. D.P. Goswami, learned Additional Public Prosecutor for the state of Assam. Page No.# 2/2

¶2This is an application under Section 482 of the BNSS, 2023 praying for grant of pre-arrest bail in respect of North Lakhimpur P.S. Case No. 231/2024.

¶3One lady has alleged that on the day of occurrence at mid-night in absence of the husband of the informant, both the petitioners entered into her house and committed rape upon her.

¶4The learned counsel for the petitioners has submitted that on one occasion, the husband of the informant had committed rape upon the minor grand daughter of the petitioner, Haidhar Ali. The petitioner, Habibur Rahman @ Haibur Islam is the uncle of the said minor girl.

¶5The learned counsel for the petitioners has submitted that that the aforesaid case under the provision of the POCSO Act is still going on against the husband of the informant.

¶6Mr. Goswami has submitted that the victim land has implicated the present petitioners in the aforesaid case on the basis of the statement made by the victim lady before police.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8This Court is of the opinion that at this stage, both the petitioners do not deserve to be detained in custody. Therefore, their bail application is allowed.

¶9It is hereby directed that in the event of arrest in connection with North Lakhimpur P.S. Case No. 231/2024, the petitioners, Haidhar Ali & Habibur Rahman @ Haibur Islam shall be released on bail of Rs.20,000/- each with sureties of like amount to the satisfaction of arresting authority.

¶10Both the petitioners shall appear before the Investigating Officer within next 10 (ten) days from today.

¶11The bail application stands disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010192622024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2497/2024 HAIDAR ALI AND ANR S/O LT. EUSUF LI R/O NO. 2 BORSOLA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM 2: HABIBUR RAHMAN @ HAIBUR ISLAM S/O ABDUL MAZID R/O NO. 2 BORSOLA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. N H BARBHUIYA, MR. S Y AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA