Iran Hussain v. the State of Assam

Gauhati HC5 Nov 2025AB/2214/2025

Case brief

AI extract

What is this about?

Gauhati High Court; AB/2214/2025; anticipatory bail / pre-arrest bail; Section 482 BNSS 2023; Section 331(4) BNS 2023; Section 305 BNS 2023; Matia P.S. Case No. 53/2025; accused not named in FIR; interim bail granted 10.09.2025; charge-sheet No.53/2025 dated 22.09.2025 filed; bail made absolute with condition to appear before trial court on notice; Iran Hussain v. The State of Assam; Anjan Moni Kalita, J.; decision dated 06.11.2025.

What did the court decide?

Pre-arrest bail made absolute, subject to the condition that the accused applicant shall appear before the trial court as and when he receives notice from the trial court; the anticipatory bail petition stands disposed of. ¶¶23-24

Iran Hussain Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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GAHC010203452025

2025:GAU-AS:14965

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

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Case No. : AB/2214/2025

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IRAN HUSSAIN S/O SHAHJAHAN ALI SHEIKH R/O VILL- SARDARPARA P.S. KRISHNAI DIST. GOALPARA, 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. S H RAHMAN, MR. M S MONDAL

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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06.11.2025

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1. Heard Mr. S.H. Rahman, learned counsel for the accused applicant. Also heard Mr. K.K. Das, learned Additional Public Prosecutor for the State.

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2. This application under Section 482 of BNSS, 2023 has been filed by the accused applicant, namely, 1. Iran Hussain has prayed for pre-arrest bail in connection with Matia P.S. Case No. 53/2025, under Section 331(4)/305 of BNS, 2023.

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3. This is seen from the record that the accused applicant was not named in the FIR and the Co-ordinate Bench of this Court, vide its order dated 10.09.2025, had granted interim bail to the accused applicant.

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4. The learned Additional Public Prosecutor for the State submits that the charge-sheet has already been filed in the instant case by way of charge-sheet No.53/2025 dated 22.09.2025.

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5. The learned counsel for the accused applicant has submitted that the accused applicant has already appeared before the Investigating Authority and his statements have already been recorded and in view of this, the instant pre-arrest bail application should be made absolute though charge-sheet has been filed in the instant case.

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6. The learned counsel for the accused applicant further submits that he will appear before the trial court as and when required.

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7. In view of the aforesaid facts and submissions made by the respective counsel, this Court is of the view that the instant bail application should be made absolute, subject to the condition that the accused applicant shall appear before the trial court as and when he receives notice from the trial court.

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8. Accordingly, this instant anticipatory bail petition stands

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disposed of.

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JUDGE

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Iran Hussain v. the State of Assam

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Iran Hussain v. the State of Assam

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