Disposed¶30

Delowar Hussain v. the State of Assam

Gauhati HC1 Jun 2026AB/920/2026

Case brief

AI extract

What is this about?

Gauhati High Court, AB/920/2026, order dated 02.06.2026, Justice Anjan Moni Kalita; anticipatory/pre-arrest bail under S. 482 BNSS; Gorchuk P.S. Case No.68/2026; S. 69 BNS; rape on promise of marriage; FIR dated 03.04.2026; interim pre-arrest bail of 06.05.2026 made absolute on same terms; application disposed of; Case Diary sent back.

What did the court decide?

Interim pre-arrest bail granted on 06.05.2026 made absolute on the same terms and conditions as provided in the order dated 06.05.2026; Case Diary to be sent back. ¶30

Delowar Hussain Vs the State of Assam — Anticipatory Bail | Gauhati HC (2026)

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GAHC010086612026

2026:GAU-AS:7675

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

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Case No. : AB/920/2026

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DELOWAR HUSSAIN S/O SOBDER ALI

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VILL- SATRA MOINABARI, P.S. KALGACHIA, P.O. M OINBARI, DIST. BARPETA, ASSAM, PIN- 781321.

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VERSUS

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THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM

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Advocate for the Petitioner : MR. J AHMED, N FARUKI,MR. R ISLAM

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Advocate for the Respondent : PP, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE ANJAN MONI KALITA

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ORDER

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02.06.2026

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Heard Mr. J. Ahmed, the learned counsel appearing for the accused/applicant. Also heard Mr. B. Sarmah, the learned Additional Public Prosecutor for the State.

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This is an application under Section 482 of BNSS for granting pre-arrest bail to the accused/applicant in connection

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with Gorchuk P.S. Case No.68/2026 under Section 69 of BNS.

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An FIR was lodged on 03.04.2026 by the informant alleging that the accused/applicant got acquainted with her for about 2/3 months and with the promise of marrying her, he had taken her to his rented house and committed rape on her on many occasions. It was alleged that due to the aforesaid physical relation, the informant got pregnant and when she requested the accused/applicant to marry her, he along with his family members refused to marry her.

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On receipt of the FIR, the police registered Gorchuk P.S. Case No.68/2026.

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Mr. J. Ahmed, the learned counsel appearing for the accused/applicant submits that the accused/applicant is a student of Assam Science and Technology University, Tetelia whereas the informant is a married woman aged about 36 years. He further submits that the accused/applicant is undergoing his 8^th semester at present and the next examination is scheduled on 11.06.2026.

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This Court vide its order dated 06.05.2026 has granted interim pre-arrest bail to the accused/applicant. Case Diary in the instant case has been received and the same is perused.

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The learned counsel appearing for the accused/applicant

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submits that in terms of the order dated 06.05.2026, the accused/applicant has already appeared before the Investigating Officer and got his statement recorded. Therefore, he submits that at present, since the accused/applicant is undergoing his examination, his custodial detention in the instant case may not be required.

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This Court has heard the submissions made by the learned counsel appearing for the respective parties and has also perused the case diary.

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Taking into account the materials available in the Case Diary as well as the submissions made by the respective parties, this Court is of the considered view that the interim pre-arrest bail so passed earlier should be made absolute.

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Accordingly, the interim pre-arrest bail granted to the accused/applicant on 06.05.2026 is made absolute on the same terms and conditions as provided in the order dated 06.05.2026.

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In terms of the aforesaid direction, the instant anticipatory bail application is disposed of.

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Send back the Case Diary.

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JUDGE

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Comparing Assistant

Delowar Hussain v. the State of Assam

Case brief

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Delowar Hussain v. the State of Assam

Case brief

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