Allowed¶28

MD Bipul Hussain @ Bipul Ali v. the State of Assam

Anticipatory bail – Section 482, BNSS, 2023

Gauhati HC5 Mar 2025AB/271/2025

Download

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; pre-arrest bail; Section 482 BNSS 2023; Section 183 BNSS 2023; Sections 70(1) and 115(2) BNS 2023; rape allegation; Kabiraj; Broiler Firm; Bhurbandha Hospital; Morigaon P.S. Case No.294/2024; co-accused Md. Atahar Hussain; extra-marital relationship motive; bail Rs. 20,000 with like surety; co-operation with Investigating Officer; Case Diary returned; Gauhati High Court; AB/271/2025; Justice Parthivjyoti Saikia; dated 06.03.2025.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail of Rs. 20,000/- with a surety of like amount in the event of arrest in connection with Morigaon P.S. Case No.294/2024, subject to co-operating with the Police Investigating Officer as and when called for; Case Diary to be returned. ¶28

MD Bipul Hussain @ Bipul Ali Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

What the court decided

AI extract

Outcome

¶28

Issue for consideration

Whether the petitioner, Md. Bipul Hussain @ Bipul Ali, is entitled to anticipatory bail under Section 482 of the BNSS, 2023 in respect of Morigaon P.S. Case No.294/2024 under Sections 70(1)/115(2) of the BNS, 2023, i.e., whether he deserves to be detained in custody.

¶17

Court's answer

After considering the facts and submissions, the Court opined that the petitioner Md. Bipul Hussain @ Bipul Ali does not deserve to be detained in custody, and accordingly allowed his pre-arrest bail application.

¶23

Ratio / Principle

In the event of arrest in connection with Morigaon P.S. Case No.294/2024 under Sections 70(1)/115(2) of the BNS, 2023, the petitioner shall be released on bail of Rs. 20,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶24

Key takeaways

As a condition, the petitioner shall co-operate with the Police Investigating Officer as and when called for.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — Section 482, BNSS, 2023 — Gauhati High Court (Parthivjyoti Saikia, J.) allowed the anticipatory bail application of Md. Bipul Hussain @ Bipul Ali (AB/271/2025) in respect of Morigaon P.S. Case No.294/2024 under Sections 70(1)/115(2) of the BNS, 2023. The FIR alleged that on 29.10.2024 the petitioner took a woman from Bhurbandha Hospital to a Kabiraj and thereafter to a Broiler Firm and raped her; co-accused Md. Atahar Hussain was also named, and in her Section 183 BNSS statement the informant implicated both. The petitioner claimed the informant lodged the FIR to conceal an extra-marital relationship with Atahar Hussain; the Case Diary showed Atahar Hussain and the woman had gone to the Broiler Firm seeking shelter. Holding that the petitioner 'does not deserve to be detained in custody', the Court released him on bail of Rs. 20,000/- with a surety of like amount upon arrest, directed him to co-operate with the Investigating Officer, and ordered the Case Diary returned.

Page No.# 1/3

GAHC010021482025

undefined

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

¶5

Case No. : AB/271/2025

¶6

MD BIPUL HUSSAIN @ BIPUL ALI S/O IBRAHIM ALI, RESIDENT OF VILLAGE KALIKAJIRI, PS MIKIRBHETA, DIST MORIGAON, ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

¶9

Advocate for the Petitioner : MR. M K HUSSAIN, MR. M ALOM,MS. F H AHMED,MRS. S Y AHMED

¶10

Advocate for the Respondent : PP, ASSAM,

¶11

:: BEFORE ::

¶12

HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

¶13

O R D E R

¶14

06.03.2025

¶15

Heard the learned counsel Mr. M.K. Hussain appearing on behalf of the petitioner. Also heard Mr. D.P. Goswami, the learned Addl. Public Prosecutor, Assam.

¶16

Page No.# 2/3

¶17

2. This is an application under Section 482 of the BNSS, 2023, whereby the petitioner Md. Bipul Hussain @ Bipul Ali has prayed for anticipatory bail in respect of Morigaon P.S. Case No.294/2024 under Sections 70(1)/115(2) of the BNS, 2023.

¶18

3. A 30 year old married woman has alleged in the FIR that on 29.10.2024, she went to Bhurbandha Hospital for medical reasons. While she was sitting in the Hospital, the present petitioner appeared there and told her that her illness could not be cured by medicines. He told her that she should go to a Kabiraj. Accordingly, the woman went to the said Kabiraj by sitting in the motorcycle of the present petitioner. He took her to a Broiler Firm and committed rape upon her.

¶19

4. The petitioner submits that Md. Atahar Hussain was maintaining extra-marital relationship with the said woman/informant and the aforesaid fact ultimately came to the notice of the husband of the said woman. According to the present petitioner, in order to save herself, the woman has lodged the said FIR.

¶20

5. Mr. Goswami submits that in her statement under Section 183 of the BNSS, 2023, the woman implicated the present petitioner and also co-accused Atahar Hussain.

¶21

6. The Case Diary reveals that Atahar Hussain and the woman went to the Broiler Firm and wanted shelter in that Firm.

¶22

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

¶23

8. After considering the aforesaid facts, this Court is of the opinion that the present petitioner Md. Bipul Hussain @ Bipul Ali does not deserve to be detained in custody. Accordingly, his pre-arrest bail application is allowed.

¶24

9. It is hereby directed that in the event of arrest in connection with Morigaon P.S. Case No.294/2024 under Sections 70(1)/115(2) of the BNS, 2023, the petitioner Md. Bipul Hussain @ Bipul Ali shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority.

¶25

10. The petitioner shall co-operate with Police Investigating Officer as and when

¶26

Page No.# 3/3

¶27

called for.

¶28

11. With the aforesaid direction, the present application for bail is disposed of.

¶29

Case Diary shall be returned.

¶30

JUDGE