Dismissed¶26

Moinul Hussain v. the State of Assam

Gauhati HC9 Nov 2025Bail Appln./3245/2025

Case brief

AI extract

What is this about?

Moinul Hussain v. State of Assam, Gauhati High Court, Bail Appln./3245/2025, decided 10.11.2025 by Justice Sanjeev Kumar Sharma. Bail under Section 483 BNSS sought by accused arrested 14.09.2025 in Changsari P.S. Case No. 186/2025 under Sections 64(1)/117(2)/351(2)/351(3) BNSS; FIR by Rekha Brahma dated 12.09.2025 alleging rape, threats and recording of the incident on 04.09.2025. Case diary showed complainant, other witnesses and the accused's wife implicated him of rape; bail rejected at this stage on incriminating material and gravity of offence; case diary returned.

What did the court decide?

Perusal of the case diary shows that not only the complainant but also the other witnesses, including the wife of the accused himself, have implicated the accused person specifically with regard to commission of rape. ¶23

Moinul Hussain Vs the State of Assam — Bail and Remand | Gauhati HC (2025)

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GAHC010222892025

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THE GAUHATI HIGH COURT

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

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Case No. : Bail Appln./3245/2025

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MOINUL HUSSAIN

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S/O- LATE NOOR MOZAMIL HUSSAIN, VILLAGE - SATGAON, P.S.- BAIHATA CHARIALI, DISTRICT - KAMRUP, ASSAM.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE P.P., ASSAM

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Advocate for the Petitioner : MR. N UDDIN, MR S K CHHETRY

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA

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ORDER

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Date : 10.11.2025

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Heard Mr. S. K. Chhetry, learned counsel appearing for the accused petitioner as well as Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam.

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By this petition under Section 483 BNSS, the accused-petitioner, namely, Moinul Hussain, who was arrested on 14.09.2025 in connection with Changsari P.S. Case No. 186/2025 under Section

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64(1)/117(2)/351(2)/351(3)of BNSS is seeking bail.

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The gist of the allegation is that on 12.09.2025 the Informant Miss Rekha Brahma, lodged an FIR to the Officer-in-Charge, Changsari P.S., alleging interalia that the informant is currently residing at Bhetamukh along with her friend in a rented house and works in an alcohol factory. On 04.09.2025 at around 6 p.m. for the purpose of linking her Aadhar card she went with her friend's husband namely Moinul Hussain on Moinul Hussain's Motor cycle but the said FIR named accused person did not took her to any Aadhaar card linking centre instead he took her to the forest side of Satgaon Suktaguri after that the said accused person called his four other friends. Then they drank beer and forced her also to drink beer when his four other friends left that place, FIR named accused Moinul Hussain forcefully made physical relation with her by taking off all of her clothes, the said accused person threatened her if she protest in doing physical relation with her he will physically assault her and if she don't listen to him he will kill her, so for the fear of her life the informant done everything as he told her to do so. The accused person also recorded the entire incident on his mobile phone the said accused person also threatened her if she told the incident to anyone he will kill her. On 04.09.25 at around 12 mid-nights he dropped her to her rented house and the said accused person fled from the rented house. Subsequently, the petitioner was arrested on 14.09.2025.

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The learned counsel for the petitioner submits that the time mentioned in the FIR is 6 P.M. in the evening and the office where Aadhar card is made could not be open during that period.

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I have perused the case diary and not only the complainant but the other witnesses including the wife of the accused himself has implicated the accused

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person specifically with regard to commission of rape.

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Having regard to the above, incriminating materials against the accusedpetitioner and considering the gravity of the offence, the prayer for bail stands rejected at this stage.

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Return the case diary.

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JUDGE

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Comparing Assistant

Moinul Hussain v. the State of Assam

Case brief

What is this about?

What did the court decide?

Moinul Hussain v. the State of Assam

Case brief

What is this about?

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