Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 26 November, 2025
Author: Parthivjyoti Saikia
Bench: Parthivjyoti Saikia
Page No.# 1/4
GAHC010248482025
2025:GAU-AS:16077
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./3618/2025
SULEMAN ALI
S/O- ASHAN ALI
VILL NAGABANDHA,
PS LAHARIGHAT,
DIST. MORIGAON ASSAM
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PUBLIC PROSECUTOR OF ASSAM
2:ABDUL KHALEQUE (INFORMANT)
S/O LATE LASUM UDDIN VILL NAGABANDHA PS LAHARIGHAT
DISTRICT - MORIGAON
ASSA
Advocate for the Petitioner : S K PODDAR, R MANDAL,MS. N PODDAR
Advocate for the Respondent : PP, ASSAM, MR. KHAIRUL ISLAM (R-2)
:: BEFORE ::
HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
O R D E R
26.11.2025
Heard Mr. S.K. Poddar, the learned counsel appearing for the petitioner. Also
heard Mr. K.K. Das, the learned Addl. Public Prosecutor, Assam as as well as Mr. K.
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Islam, the learned counsel appearing for the Respondent No.2.
2. This is the third bail application under Section 483 of the BNSS, 2023 whereby
the petitioner Suleman Ali has prayed for releasing him on bail as he is facing trial in
POCSO Case No.143/2024 pending in the court of learned Special Judge (POCSO),
Morigaon.
3. Out of the 9(nine) prosecution witnesses shown in the charge sheet, 8(eight) of
them are already examined. Mr. Islam has objected to this bail application on the
ground that release of the petitioner on bail, at this stage, might hamper early
disposal of the case before the trial court.
4. Mr. Poddar has submitted that this time, he will not argue on the merit of the
case. Mr. Poddar has submitted that at the time of arrest of the petitioner, Section 47
of the BNSS, 2023 was not complied with. The case record contains the Notice under
Section 47 of the BNSS, 2023.
5. I have considered the submissions made by the learned counsel of both sides.
6. At this stage, a brief visit to Section 47 and 48 of the BNSS, 2023 would be
fruitful, which read as under:
Section 47. Person arrested to be informed of grounds of arrest and of right to bail.
(1)Every police officer or other person arresting any person without warrant shall
forthwith communicate to him full particulars of the offence for which he is arrested or
other grounds for such arrest.
(2)Where a police officer arrests without warrant any person other than a person
accused of a non-bailable offence, he shall inform the person arrested that he is
entitled to be released on bail and that he may arrange for sureties on his behalf.
48. Obligation of person making arrest to inform about arrest, etc., to relative or
friend.
(1) Every police officer or other person making any arrest under this Sanhita shall
forthwith give the information regarding such arrest and place where the arrested
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person is being held to any of his relatives, friends or such other persons as may be
disclosed or nominated by the arrested person for the purpose of giving such
information and also to the designated police officer in the district.
(2) The police officer shall inform the arrested person of his rights under sub-section
(1) as soon as he is brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall
be made in a book to be kept in the police station in such form as the State
Government may, by rules, provide.
(4) It shall be the duty of the Magistrate before whom such arrested person is
produced, to satisfy himself that the requirements of sub-section (2) and sub-section
(3) have been complied with in respect of such arrested person.
7. When an arrested person is produced before a Judicial Magistrate for remand, it
is the duty of the Magistrate to ascertain whether compliance of Article 22 (1) of the
Constitution of India was complied with. Because its non-compliance renders the
arrest illegal and therefore, the arrested person cannot be remanded after arrest.
8. The very purpose of insertion of Section 48 of the BNSS, 2023 is to inform the
arrested person or his relatives or friends or persons nominated by him, so that they
would be able to take immediate and prompt action to secure the release of the
arrested person as permissible under the law.
9. In order to buttress his point, Mr. Poddar has relied upon a judgment of the
Hon'ble Supreme Court that was delivered in Mihir Rajesh Shah v. State of
Maharashtra, reported in 2025 Supreme (OnLine) (SC) 9939.
10. Today, this Court is of the opinion that the provision of law under Section 47 of
the BNSS, 2023 was not complied with while arresting the present petitioner Suleman
Ali. Therefore, his arrest and detention is bad in law.
11. For the aforesaid premised reasons, the bail application is allowed. The
petitioner Suleman Ali who is facing trial in POCSO Case No.143/2024 pending in the
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court of learned Special Judge (POCSO), Morigaon, shall be released on bail of
₹50,000/- (Rupees Fifty Thousand) with a surety of like amount to the satisfaction of
the learned Special Judge (POCSO), Morigaon.
12. It is also directed that the petitioner Suleman Ali shall regularly appear before
the trial court on each and every date of hearing. If he fails to do so without showing
satisfactory reason(s), the trial court shall have the liberty to procure his attendance
by due process of law.
With the aforesaid direction, the bail application is disposed of accordingly.
JUDGE
Comparing Assistant
