Allowed

Haidar Ali and Anr. v. the State of Assam

Gauhati HC17 Dec 2024AB/2497/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a rape case registered at North Lakhimpur, alleging the informant's implication was retaliation for a POCSO case against her husband. The court found they need not be detained and allowed bail on arrest with conditions.

What did the court decide?

Pre-arrest bail granted; release on bail of Rs. 20,000 each with like sureties if arrested; petitioners to appear before IO within 10 days.

Haidar Ali and Anr. Vs the State of Assam — Child Sexual Offences (POCSO) | Gauhati HC (2024)

Page No.# 1/2

GAHC010192622024

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : AB/2497/2024

¶6

HAIDAR ALI AND ANR S/O LT. EUSUF LI R/O NO. 2 BORSOLA P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR, ASSAM

¶7

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

¶8

Advocate for the Petitioner : MR. N H BARBHUIYA, MR. S Y AHMED

¶9

Advocate for the Respondent : PP, ASSAM,

¶10

BEFORE

¶11

HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

¶12

ORDER

¶13

Date : 18.12.2024

¶14

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.

¶15

Page No.# 2/2

¶16

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

¶17

One 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.

¶18

The 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.

¶19

The 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.

¶20

Mr. 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.

¶21

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

¶22

This 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.

¶23

It 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.

¶24

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

¶25

The bail application stands disposed of accordingly.

¶26

The CD shall be returned.

¶27

JUDGE

¶28

Comparing Assistant

Haidar Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

Haidar Ali and Anr. v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs Dhan Boro @ Dhon Boro

Farooq @ Umar Farooq and 2 Ors. Vs Altaf Hussain Laskar

Lukman Hikim, Vs Rohimuddin Sheikh and Anr.

Mahananda Barman Vs Kamal Roy

Nur Islam Vs the State of Assam

Narayan Urang Vs the State of Assam