Akbar Hussain Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2025)

Akbar Hussain Vs the State of Assam — Murder and Culpable Homicide | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: in the event of arrest, the petitioner shall be released on furnishing a bail bond of Rs.50,000/- with a surety of the like amount to the satisfaction of the Arresting Authority; the petitioner shall face the trial and appear before the learned Trial Court as and when required; TCR to be returned.

Issue for consideration

Whether pre-arrest bail should be granted to petitioner Akbar Hussain under Section 482 of BNSS in connection with Katigorah P.S. Case No. 380/2012 (Section 304(B) IPC), given the age of the case and that the charge sheet has been filed.

Court's answer

Having regard to the material available in the TCR, that 13 long years have elapsed since the incident, and that the charge sheet has been submitted, the court held that no purpose would be served by taking the petitioner into detention in the present circumstances, and accordingly allowed the pre-arrest bail prayer.

Ratio / Principle

Directed that in the event of arrest, the petitioner shall be released on pre-arrest bail on furnishing a bail bond of Rs.50,000/- with a surety of the like amount, to the satisfaction of the Arresting Authority.

Key takeaways

Further directed that the petitioner shall face the trial and shall appear before the learned Trial Court as and when required.ratio¶23

Detailed headnote1 paragraphs

Single-judge order of the Gauhati High Court (Hon'ble Mr. Justice Sanjeev Kumar Sharma, dated 04.11.2025) allowing a pre-arrest bail application under Section 482 of BNSS by Akbar Hussain, against whom the allegation is abatement of suicide of his wife (Section 304(B) IPC; Katigorah P.S. Case No. 380/2012, GR Case No. 3039/2012; PRC Case No. 3572/2024). Observing that 13 long years had elapsed since the 2012 incident, the charge sheet was filed only in 2024 and cognizance taken on 29.11.2024, and that the petitioner had already appeared before the Court below with his counsel, the court held that no purpose would be served by detaining him and allowed the prayer: release in the event of arrest upon a bail bond of Rs.50,000/- with a surety of the like amount to the satisfaction of the Arresting Authority, subject to facing trial and appearing before the Trial Court as and when required; TCR returned; petition disposed of accordingly.

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GAHC010221952025

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THE GAUHATI HIGH COURT

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

Case No. : AB/2501/2025

AKBAR HUSSAIN S/O- LATE ABDUL JABBAR. R/O- VILLAGE- MOHANPUR PART-II, P.S-ALGAPUR, DISTRICTHAILAKANDI, ASSAM

VERSUS

THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR,ASSAM

Advocate for the Petitioner : MR. A M BARBHUIYA, MS S R MAZARBHUIYA,MS A BEGUM

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

ORDER

Date : 04.11.2025

Heard the learned counsel for the petitioner and the learned Addl. PP, Assam.

This is an application under Section 482 of BNSS for granting pre-arrest bail to the petitioner, namely, Akbar Hussain, in connection with Katigorah P.S. Case No. 380/2012 (PRC Case No. 3572/2024) under Section 304(B) IPC (GR Case No. 3039/2012).

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Learned Addl. PP has produced the CD.

The allegation made against the petitioner is regarding abatement of suicide of his wife. The case pertains to the year 2012 and the charge sheet has been filed only in the year 2024. Thereafter, cognizance was taken on 29.11.2024. The petitioner has also appeared along with his counsel before the learned Court below.

Having regard to the material available in the TCR and the fact that 13 long years have elapsed since the incident and the charge sheet has also been submitted, no purpose will be served by taking the petitioner into detention in the present circumstances. As such, the pre-arrest bail prayer is allowed.

Accordingly, it is directed that in the event of arrest, the petitioner, named above, in connection with the aforesaid case, shall be released on pre-arrest bail on furnishing a bail bond of Rs.50,000/- with a surety of the like amount to the satisfaction of the Arresting Authority.

It is further directed that the petitioner shall face the trial and shall appear before the learned Trial Court as and when required.

Return the TCR.

The petition stands disposed of accordingly.

JUDGE

Comparing Assistant