Page No.# 1/3 GAHC010114062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1793/2025 ALI HUSSAIN @ ALI HUSSAIN SK S/O- LATE ALEPUDDIN SK, R/O-TETLIGURI, P.S-DOTMA, DIST.- KOKRAJHAR, BTAD, ASSAM-783370. VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP ASSAM Advocate for the Petitioner : MR P K DAS, MS. L. SARKAR,MR. M BARUAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 23.06.2025 1. Heard Mr. P. K. Das, learned counsel for the petitioner Ali Hussain @Ali Hussain Sk. 2. The petitioner has filed this application under Section 483 of the BNSS, Page No.# 2/3 2023 with prayer for bail as he is behind bars since 27.03.2025 in connection with Sessions T2 Case No. 54/2025 under Sections 331(4)/64/351(2) of the BNS corresponding to DOTMA P.S. Case No. 06/2025. 3. Heard Mr. P. Borthakur, learned Additional Public Prosecutor for the respondent State. 4. It is submitted on behalf of the petitioner that the incident occurred on 01.01.2025, whereas, the complaint petition was filed on 17.03.2025 i.e., 66 days after the incident. It is submitted that this is an utterly fabricated case and after more than 2 months, a case of such heinous nature has been brought up against the petitioner and the reasons according to the victim is that the police did not register the FIR. It is submitted that the victim's allegation that the police did not register the FIR is not believable. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the statement of the victim under Section 183 of the BNSS. It is further submitted that the petitioner is not entitled to bail as trial may be adversely affected if the petitioner is enlarged on bail. 6. The allegation against the petitioner is that when the victim was alone at home, the petitioner entered into the victim's house, switched off the lights and forcefully committed rape on the victim. The petitioner also committed house trespass to committ an offence. 7. I have considered the submissions at the Bar with circumspection. 8. I have also scrutinized the Trial Court Records. Charge-sheet has been laid against the petitioner. 9. I have considered the submission that the petitioner is willing to co-operate Page No.# 3/3 with the trial. 10. Considering all aspects, petition is allowed. The petitioner shall be enlarged on bail on furnishing a bail bond of Rs.50,000/- with a suitable surety of like amount to the satisfaction of the learned Trial Court under the conditions that: (i) The petitioner shall not exercise threats to the witnesses, and (ii) The petitioner shall not leave the jurisdiction of the Court without prior permission till completion of trial. 11. On breach of any of the bail conditions, the learned Court is at liberty to immediately cancel the bail granted to the petitioner. 12. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant