Page No.# 1/3 GAHC010089492025 2025:GAU-AS:7267 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1336/2025 ARIFUL ISLAM S/O LT ABDUL SABUR VILL KADAMTOLI, PS-SUKCHAR DIST SOUTH SALMARA -MANKACHAR VERSUS THE STAT OF ASSAM AND ANR W/O KURPAN MULLA R/ONILACHAL PAHAR (MALIGAON) P.S. JALUKBARI DIST. KAMRUP (M), ASSAM 2:JAMIRUN BIBI W/O KURPAN MULLA R/O NILACHAL PAHAR (MALIGAON) PS- JALUKBARI DIST KAMRUP (M) ASSA Advocate for the Petitioner : MR. A Z AHMED, MR. A KHALEK Advocate for the Respondent : PP, ASSAM, MR A MALEK (R-2) BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 04.06.2025 Heard MR. H.R. A. Choudhury, learned Senior Counsel assisted by Mr. A. Z. Ahmed, learned counsel for the petitioner. Also heard Mr. K. K. Parasar, learned Page No.# 2/3 Additional Public Prosecutor for the State of Assam and Mr. A. Malik, learned counsel appearing for the informant 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying for grant of regular bail to the petitioner, Ariful Islam who was arrested in connection with Jalukbari P.S. Case No. 175/2025. 3. In the F.I.R dated 19.04.2024, it is alleged that the present petitioner had committed rape upon the daughter of the informant. The girl was aged about 16 years. 4. She gives the statement under Section 183 of the B.N.S.S, 2023, stating something against the present petitioner. Thereafter, the informant mother has filed an affidavit in this Court stating that she is ready to give her daughter who is now more than 18 years of age to the present petitioner in marriage. She also filed birth certificate of the girl, from the birth certificate, it appears that on the day of occurrence the girl was 17 years 8 months and 18 days old. The girl has also filed an affidavit in support of her mother’s pleadings. 5. Considering the aforesaid fact this Court is of the opinion that the petitioner does not deserve to be detained in custody for any further period of time. 6. His bail application allowed. 7. The petitioner, Ariful Islam, who was arrested in connection with Jalukbari P.S. Case No. 175/2025 shall be released on bail of Rs.25,000/- with a surety of like amount to the satisfaction of the learned Special Judge, POCSO, Kamrup (M), Guwahati. Page No.# 3/3 8. Accordingly, the bail application is disposed of. 9. Case diary shall be returned. JUDGE Comparing Assistant