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Gauhati High Court
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GAHC010270752025
2026:GAU-AS:1508
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : AB/2898/2025
MOSTAFIZUR RAHMAN
S/O MUZAFFAR HUSSAIN, RESIDING AT BALIJAN DAKHINGAON, P.S.
DISPUR, DIST. KAMRUP M, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PP, ASSAM.
Advocate for the Petitioner : MR. N ALAM R K, MR. A RAHMAN
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE PRANJAL DAS
ORDER
Date : 05.02.2026
Heard Mr. R. Rahman, learned counsel for the petitioner. Also heard Mr.
D.P. Goswami, learned Additional Public Prosecutor for the State.
2. This petition has been filed under Section 482 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, whereby the petitioner, namely,
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Mostafizur Rahman, has prayed for granting pre-arrest bail, apprehending
arrest in connection with on Hajo Police Station.
3. Initially at the time of filing the petition, the petitioner did not have
details of any case though he had apprehension, whereupon a report was
called for and he was given some interim protection. In the meantime, he
came to know that his wife Pranita Rajbongsi lodged an FIR on 03.12.2025
at Hajo police station which was subsequently transferred to Hatigaon PS,
whereupon Hatigaon P.S. Case No. 16/2026 under 85 of BNS of was
registered. The informant/wife alleged that they were in a relationship where
the petitioner hide his identify but subsequently, they got married. It is also
alleged he has illicit relationship with another woman.
4. A copy of a marriage certificate is annexed with the bail petition in
which the petitioner has purportedly stated his real name reflecting his
religion. And the informant being a major has put her signature.
5. In my considered opinion, investigation may not be hampered
without custodial examination or arrest of the petitioner. Accordingly, I deem
it fit to allow this petition.
6. Confirming the interim protection, it is directed that, in the event of
arrest of the accused-petitioner, he shall be released on bail in connection
with Hatigaon P.S. Case No. 16/2026 under Section 85 of BNS, on furnishing
bail bond of Rs.25,000/- with one suitable surety of the like amount to the
satisfaction of the arresting authority.
7. The direction for bail is further subject to the condition(s) that the
accused-petitioner:
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(a) shall render cooperation with the investigation and make himself
available for examination;
(b) shall not hamper or tamper with evidence;
(c) shall not try to influence any witnesses; and
(d) shall not intimidate or harass the informant/wife.
8. It is submitted by the learned counsel that the petitioner that
yesterday, he received an information that perhaps his wife has lodged
another case pertaining to the same matter before DCP, Jalukbari. If the
allegation are the same and pertaining to the same facts, then perhaps, any
other case lodged has to be considered for amalgamation with the instant
case (Hatigaon P.S. Case No. 16/2026). The petitioner is at liberty to appear
before the concerned police official at Jalukbari on the strength of this order.
9. Violation or breach of condition(s) shall entail cancellation of the
bail.
10. The anticipatory bail application stands allowed and disposed of.
11. Send back the case diary.
JUDGE
Comparing Assistant
