Page No.# 1/3 GAHC010142162026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1941/2026 MD AHMAD ALI @ MD. AHAMOD ALI SON OF LATE BAHAR ALI, RESIDENT OF VILLAGE JUTULITING, P.O.- NEMUGURI, P.S.- BAKATA NEMUGURI, DISTRICT- SIBSAGAR, ASSAM, PIN- 785674 VERSUS THE STATE OF ASSAM REPRESENTED BY THE P.P. ASSAM Advocate for the Petitioner : MR. S N TAMULI, MS. A BEGUM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 07.08.2026 Heard Mr. S. N. Tamuli, learned counsel for the petitioner. Also heard Mr. M. P. Goswami, learned Additional Public Prosecutor appearing for the State of Assam. 2. This is an application under Section 483 of the Bharatiya Nagarik Page No.# 2/3 Suraksha Sanhita, 2023 whereby the petitioner, namely, Md. Ahmad Ali @ Md. Ahamod Ali has prayed for releasing him on bail after he was arrested on 24.05.2026 in connection with Bakata Nemuguri Police Station case No. 09/2026 registered under Section 64/351(3) of BNS, 2023. 3. The brief of the case is that on 23.05.2026 one, Renu Gowala, lodged an FIR stating that she is living in the hhouse of Muluka (Demp) since eight years with her family in rent. But last year in the month of September, 2025 their neighbour namely, Ahmad Ali @ Kulai forcefully had intercourse without her will and threatened to kill her if she disclosed the incident to anyone. Out of fear and public shame the complainant remained silent. But after few days of the incident in the month of October/2025 she went to Beltola Guwahati for work in house of Shri Rishiraj Gogoi & Devi Priya Phukan. When she was staying at there she told falsely to Rishiraj Gogoi and Devi Priya Phukan that her menstrual circle is running on date 16 in every month. But when Rishiraj Gogoi and Devi Priya Phukan noticed unnatural growth of her body, they got her checked up by a doctor, when they come to know that she is 8 month 10 days pregnant. 4. It is submitted on behalf of the petitioner that the allegation against him is a false one and the petitioner denies paternity of the child that was born to the victim and his DNA sample was also collected and sent for forensic examination, the report of which has not been received. However, no DNA sample of the baby has been collected by the IO. 5. Learned Additional P. P submits that there is sufficient incriminating material against the petitioner as is discernable from the scan copy of the T.C.R. 6. On perusal of the T.C.R. including the statements of the victim as well as Page No.# 3/3 the witnesses, there appears to be sufficient incriminating material indicating forcible sexual intercourse by the accused petitioner, who is aged about 48 years old with the victim girl. 7. Having regard to the available material and the heinous nature of the allegations as also the fact that the trial is yet to commence, I am not inclined to release the petitioner on bail at this stage. 8. Accordingly, the prayer for bail stands rejected. 9. With the above observations, the bail application is dismissed and disposed of. JUDGE Comparing Assistant