Disposed¶26

Icha Ali v. the State of Assam

Anticipatory bail – BNS, 2023

Gauhati HC25 Aug 2025AB/1459/2025

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What is this about?

Gauhati High Court; Mrs. Justice Shamima Jahan; AB/1459/2025; decided 26-08-2025; anticipatory/pre-arrest bail; Sootea P.S. Case No. 65/2025; Section 69/74/3(5) BNS, 2023; FIR dated 13.06.2025; false promise of marriage by Fazirul Haque; assault by petitioner (brother); Medical Report showed no injury; interim bail Order dated 25.06.2025 made absolute; compliance before Investigating Officer; Case Diary; State of Assam; Biswanath district, Assam; application disposed of.

What did the court decide?

Interim order releasing the petitioner on interim bail made absolute on compliance with the directions in the Order dated 25.06.2025; the Anticipatory Bail Application stands disposed of. ¶26

Icha Ali Vs the State of Assam — Gauhati HC (2025) — LawSathi Research

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GAHC010140332025

2025:GAU-AS:11423

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

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Case No. : AB/1459/2025

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ICHA ALI SON OF LATE SAMSUL ALI R/O VILL- HUKAJAN, P.S. SOOTEA, DIST. BISWANATH, ASSAM

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VERSUS

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THE STATE OF ASSAM REP BY THE PP, ASSAM

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Advocate for the Petitioner : MR U S BORGOHAIN,

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

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ORDER

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Date : 26-08-2025

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Heard Mr. U.S. Borgohain, learned counsel for the petitioner. Also heard Mr. R.J. Baruah, learned Add. Public Prosecutor for the State respondent.

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2. By this application, the petitioner has prayed for pre-arrest bail in connection with Sootea P.S. Case No. 65/2025 registered under Section

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69/74/3(5) of BNS, 2023.

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3. The FIR dated 13.06.2025 lodged by the victim reveals that the victim was in a relationship with one Sh. Fazirul Haque and that Sh. Fazirul Haque promise to marry her. However, she stated that one day when Sh. Fazirul Haque took her to Sootea centre to marry her, Sh. Fazirul Haque quarreled with her and left from there. She further stated that at that juncture, the petitioner, who is the brother of Sh. Fazirul Haque quarreled with her and physically assaulted her.

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4. Mr. U.S. Borgohain, learned counsel for the petitioner submits that the petitioner was released on interim bail vide Order dated 25.06.2025 and that in compliance of the direction made in the said order, he had gone to the Investigating Officer and gave his statement which was recorded by the Investigating Officer. He as such prays that both on merits as well as due to compliance of the interim order, pre-arrest bail may be granted to the petitioner.

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5. Mr. R.J. Baruah, learned Add. Public Prosecutor for the State respondent submits on perusal of the Case Diary that the petitioner had appeared before the Investigating Officer and had given his statement. However, on facts, he stated that it is reflected in the FIR that the petitioner had quarreled with the victim and assaulted her.

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6. I have heard the learned counsels for the parties and have gone through the records.

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7. It is reflected that the petitioner is the brother of one Sh. Fazirul Haque, who is alleged to have cheated the victim by not marrying her in spite of promising her to marry. The only allegation against the petitioner is that on one particular day, he quarreled with the victim and assaulted her. However, on seeing the Medical Report, it is found that the victim had no injury whatsoever

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on her body.

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8. In view of the same, this Court finds it fit to make the interim order releasing the petitioner on interim, absolute on complying with the directions mentioned in the said Order dated 25.06.2025.

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9. Accordingly, the Anticipatory Bail Application stands disposed of.

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Icha Ali v. the State of Assam

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Icha Ali v. the State of Assam

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