Page No.# 1/3 GAHC010105152025 2025:GAU-AS:7844 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1123/2025 HOZRAT ALI S/O- AMZAD ALI, R/O- VILLAGE- BOYJER ALGA PT VI, P.O.-BONDIHANA, P.S.-FAKIRGANJ, DIST.-DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, R KHA,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 11.06.2025 1. Heard Mr. M.I. Hussain, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/3 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Hozrat Ali, who is apprehending his arrest in connection with Fakirganj P.S. Case No. 37/2025, under Sections 310(2)/308(2)/70(1)/351(2)/115(2)/3(5) of the BNS, 2023. 3. The gist of accusation in this case is that the victim woman had lodged an FIR before the In-Charge of Bondihana Outpost under Fakirganj Police Station, inter alia, alleging that on 04.04.2025, one Moyna Khatun took the informant to the house of the present petitioner where the accused persons named in the FIR gang raped the informant as well as snatched all the ornaments and mobile phone from the informant. 4. The learned counsel for the petitioner submits that he has been falsely implicated in this case. 5. On the other hand, the learned Additional Public Prosecutor has produced the Case Diary of Fakirganj P.S. Case No. 37/2025 and has submitted that there are sufficient incriminating materials against the petitioner in the Case Diary. He submits that in the statement of the victim woman recorded under Section 183 of the BNSS, 2023 she has categorically implicated the petitioner of having committed gang rape upon her along with the other accused persons and also beating up the victim woman. The other witnesses have also implicated the present petitioner. 6. I have considered the submissions made by the learned counsel for both sides. Page No.# 3/3 7. Considering the nature of accusation in the FIR, as well as the materials available in the Case Diary, this Court is not inclined to grant anticipatory bail to the petitioner at this stage. 8. The prayer for anticipatory bail is therefore rejected and accordingly, dismissed. 9. Send back the Case Diary. JUDGE Comparing Assistant