Page No.# 1/4 GAHC010087782025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/953/2025 AZIZUR HOQUE @ JAHANGIR ALOM AND 2 ORS SON OF JAKIR HOSSAIN R/O VILL- BURIRMARAI, P.O. KISMAT HASDAHA P.S. GAURIPUR, IN THE DHUBRI DISTRICT OF ASSAM, PIN CODE- 783334. 2: JAKIR HOSSAIN S/O LATE WAZ ALI MISTRI R/O VILL- BURIMARAI P.O. KISMAT HASDAHA P.S. GAURIPUR IN THE DHUBRI DISTRICT OF ASSAM PIN-783334 3: AFSAR ALI S/O LATE WAZ ALI MISTRI R/O VILL-BURIMARAI P.O. KISMAT HASDAHA P.S. GAURIPUR IN THE DHUBRI DISTRICT OF ASSAM PIN- 78333 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:NUR ALI S/O LATE KHOIBAR SEIKH R/O VILL- BURIRMARAI P.O.KISMAT HASDAHA P.S. GAURIPUR Page No.# 2/4 IN THE DHUBRI DISTRICT OF ASSAM PIN- 78333 Advocate for the Petitioner : TAWHID LASKAR, MR. D K AGARWALA Advocate for the Respondent : PP, ASSAM, MR. P J PHUKAN (R-2),MR. A PHUKAN, Amicus Curiac, (R-2) Linked Case : Bail Appln./1650/2025 AZIZUR HOQUE ALIAS JAHANGIR ALIM SON OF JAKIR HOSSAIN R/O VILL- BURIMARAI .O. KISMAT HASDAHA P.S. GAURIPUR IN THE DHUBRI DISTRICT OF ASSAM PIN CODE- 783334 VERSUS THE STATE OF ASSAM AND ANR. TO BE REP BY THE LEARNED PP ASSAM 2:NUR ALI S/O LATE KHOIBAR SEIKH R/O VILL.- BURIRMARAI P.O- KISMAT HASDAHA P.S- GAURIPUR DIST.- DHUBRI ASSAM PIN- 783334 ------------ Advocate for : TAWHID LASKAR Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 27.05.2025 These applications are taken up together for disposal by this common order as both the applications have arisen out of the same FIR. 2. Heard Mr.D K Agarwala, the learned counsel appearing for the petitioners. Also heard Mr. K K Das, the learned Additional Public Prosecutor for the State of Assam and Mr. P J Phukan, the learned counsel as well as Mr. A Phukan, the learned Amicus Curiae appearing for the respondent No. 2. 3. Both these applications are filed under Section 482 and 483 of the BNSS, 2023 praying for grant of pre-arrest bail as well as for regular bail in respect of Gauripur PS Case No. 146/2025. 4. The informant i.e. the respondent No. 2 lodged an FIR on 06.04.2025 alleging that the present petitioner Azizur Hoque @ Jahangir Alom, his father Jakir Hossain and his uncle Afsar Ali had told his daughter to come out of the house and when she came out, Azizur Hoque @ Jahangir Alom committed rape upon her. The girl was even taken to the house of Jakir Hussain, where she was beaten up. In her statement under Section 183 of the BNS, 2023 she has stated that Jahangir Alom had attempted to commit rape upon her. 5. Objecting to these bail applications, Mr. Phukan has submitted that because of the position of the girl in the society, she never alleged that she was even raped by Azizur Hoque @ Jahangir Alom 6. I have considered the submissions made by the learned counsel of both sides. 7. It may be mentioned that Azizur Hoque @ Jahangir Alom, after filing of the Anticipatory Bail Application, was arrested by police. 8. This Court is of the opinion that the Bail Application No.1650/2025 filed by the petitioner Azizur Hoque @ Jahangir Alom is not satisfactory and therefore, the Bail Application No.1650/2025 stands rejected at this stage. 9. However, since there are no incriminating materials against the petitioners, namely, 2. Jakir Hossain and 3. Afsar Ali, their Anticipatory Bail Application No. 953/2025 is allowed. Page No.# 4/4 10. It is hereby directed that in the event of arrest in connection with Gauripur PS Case No. 146/2025, the petitioners, namely, 2. Jakir Hossain and 3. Afsar Ali shall be released on bail of ₹25,000/- each with sureties of like amount to the satisfaction of the arresting authority. 11. Since the Bail Application No.1650/2025 filed by the petitioner Azizur Hoque @ Jahangir Alom is rejected, his prayer for pre-arrest bail is also rejected. Both the bail applications are disposed of accordingly. The CD shall be returned. JUDGE Comparing Assistant