Dismissed¶25

Abu MD Saidi Hussain v. the State of Assam

Gauhati HC10 Mar 2025AB/2959/2024

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail refused; Section 482 BNSS 2023; Gauhati High Court; AB/2959/2024; Manash Ranjan Pathak J.; 11.03.2025; Abu Md Saidi Hussain; Patharkandi P.S. Case No. 306/2023; G.R. No. 2208/2023; Sections 384/468/34 IPC; Section 67 IT Act; FIR 13.10.2023; obscene photographs of complainant's daughter circulated on social media; fake marriage through Court Notary uploaded on Facebook; case diary contained sufficient incriminating materials; bail application rejected.

What did the court decide?

The case diary contains sufficient incriminating materials against the petitioner regarding his involvement in the alleged crime. ¶24

Abu MD Saidi Hussain Vs the State of Assam — Anticipatory Bail | Gauhati HC (2025)

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GAHC010236322024

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

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Case No. : AB/2959/2024

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ABU MD SAIDI HUSSAIN S/O LT. ABU BAKKAR SIDDIQUE, R/O VILL- CHANGJUR, P.S. AND P.O. PATHARKANDI, DIST. KARIMGANJ.

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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 SARFRAZ NAWAZ, A S CHOUDHURY,SAMIM RAHMAN,MR A W AMAN,MR. SURAJIT DAS

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Advocate for the Respondent : PP, ASSAM,

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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11.03.2025

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Heard Mr. S Nawaz, learned counsel for the petitioner and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State.

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2. Apprehending his arrest, the petitioner, namely, Abu Md Saidi Hussain, son of late Abu Bakkar Siddique, resident of village-Changjur, P.S.-Patharkandi, District-Patharkandi has filed this application under Section 482 of the BNSS, 2023 on 07.11.2024, praying for his pre-arrest bail in Patharkandi Police Station Case No. 306/2023 registered under Sections 384/468/34 IPC read with Section 67 of the IT Act, corresponding to G.R. No. 2208/2023.

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3. As per the FIR dated 13.10.2023 lodged by the complainant before the Patharkandi Police Station, the case is that on 02.09.2023 the accused persons of the case conspired to make obscene photographs of the daughter of the complainant and spread those obscene photographs on social media. Further, the accused petitioner made a fake marriage of his daughter with the petitioner through Court Notary and uploaded it in his Facebook account. Because of such incidents, the daughter of the complainant being ashamed and disgusted is in the verge of committing suicide.

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4. Said FIR dated 13.10.2023 was accordingly registered as Patharkandi Police Station Case No. 306/2023 under Sections 384/468/34 IPC read with Section 67 of the IT Act.

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5. Mr. S Nawaz, learned counsel for the petitioner submitted that there is no ingredient of cheating and delivery of property. As such, the petitioner cannot be taken into custody under the Section under which the case is registered.

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6. Perused the case diary placed before the Court today by Mr. K K Parashar, learned Additional Public Prosecutor, Assam.

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7. Perused the case diary and the statements of the independent witness including the

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witnesses who had allegedly signed the Notary agreement of the marriage of the victim girl as well as the report pertaining to uploading of the obscene photographs of the said victim girl by the accused petitioner that he circulated to many, which were seized by the police.

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8. Case diary contains sufficient incriminating materials against the petitioner regarding his involvement in the alleged crime. Considering the same, this Court is of the opinion that this is not a fit case to grant pre-arrest bail to the petitioner, named above, in said Patharkandi P.S. Case No. 306/2023.

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9. Accordingly, this pre-arrest bail application of the petitioner, Abu Md Saidi Hussain, son of late Abu Bakkar Siddique, in said Patharkandi Police Station Case No. 306/2023, stands rejected.

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10. Return the case diary herewith.

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JUDGE

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Comparing Assistant

Abu MD Saidi Hussain v. the State of Assam

Case brief

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Abu MD Saidi Hussain v. the State of Assam

Case brief

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