Page No.# 1/3 GAHC010213362025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1900/2025 DULAL UDDIN ALIAS DULAL ALI SON OF IMAN ALI R/O KACHARIGAON MAYANG P.S. MAYANG P.O. GAGALMARI DIST. MORIGAON ASSAM PIN-78782121 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP ASSAM 2:AHMED ALI SON OF LATE AKASH ALI RESIDENT OF GAGALMARI P.O. GAGALMARI P.S. MAYANG DIST. MORIGAON ASSAM PIN-782121. ------------ Advocate for : MR. K H KHANDAKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER 07.04.2026 Heard Mr. K.M. Hassan, learned counsel for the petitioner. Also heard Ms. A. Begum, learned counsel for the respondent no.2. 2. This is an application under Section 482 of the BNSS, 2023, seeking grant of pre-arrest bail to the petitioner, namely, Dulal Uddin @ Dulal Ali, in connection with Mayang P.S. Case No. 76/2024, registered under Section 354(A)/376(3)/511 of the IPC read with Section 10/18 of the POCSO act, 2012 corresponding to GR Case No.968/2024. 3. The allegation against the petitioner is that on 23.06.2024 at about 6 p.m. while the victim was proceeding to her house, she was taken away by the accused to the house of one Sofikul Islam where no one was present and then sexually assaulted her by touching her private parts and attempting to commit rape upon the said minor victim aged about 12 years. 4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated on account of a dispute regarding sale and transfer of a piece of land originally belonging to the informant for which the petitioner had paid Rs. 70000/-, but despite repeated remainders the informant did not transfer his land and subsequently due to financial problem the petitioner sold the land to a third party receiving full and final payment and on coming to know about the said transaction the informant became furious which led to lodging of the aforesaid FIR. It is also submitted that a village meeting was held on 09.06.2024 at the house of one Ahmed Ali son of Late Fazal Hoque and in that meeting the village elders decided and requested the complainant to transfer the land in favour of the petitioner. Page No.# 3/3 5. In this regard a copy of the proceedings of the aforesaid village meeting dated 09.06.2024 has been annexed. The informant has submitted an objection in the form of IA (criminal) No. 1075 of 2025 wherein it has been stated inter alia at paragraph 6 that the aforesaid document is a false and fabricated one and the petitioner was not present in the meeting and that the document is not binding on the informant. 6. From the above statement of the informant himself, it does appear that a meeting had taken place with regard to the land dispute between the informant and the petitioner and therefore, there appears to be a ring of truth to the contention of the petitioner that the instant FIR has been lodged on account of ulterior motive. 7. Furthermore, 3 years have elapsed since the alleged occurrence and the IO has not yet completed the investigation. 8. Having regard to the above, the prayer for pre-arrest bail is allowed. The petitioner namely, Dulal Uddin @ Dulal Ali shall be released on bail of Rs. 50000/- with one surety of like amount to the satisfaction of the arresting authority in the event of his arrest in connection with the aforesaid case. 9. It is further provided that the petitioner shall not attempt to contact the victim girl or her family members in any manner and also shall not try to intimidate the said persons or other witnesses of the case directly or indirectly and any violation of the aforesaid conditions may result in cancellation of the pre-arrest bail granted to the petitioner. 10. Bail petition stands disposed of accordingly. JUDGE Comparing Assistant