Page No.# 1/4 GAHC010117002025 2025:GAU-AS:7837 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1214/2025 ALI HUSSAIN S/O- LATE GOLAM HUSSAIN. VILL.- SADULLABARI, P.O.- KALAPANI, P.S.- MANKACHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN-783135 VERSUS THE STATE OF ASSAM REPRESENTED BY PP ASSAM Advocate for the Petitioner : MR R ISLAM, MR. A. H. MOLLAH,MS M KURMI,MS. A HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 11.06.2025 1. Heard Mr. R. Islam, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. Page No.# 2/4 2. This application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Ali Hussain, who is apprehending his arrest in connection with PRC Case No. 68/2018, pending before the Court of the learned Chief Judicial Magistrate, South Salmara, Mancachar. 3. The gist of accusation in this case is that on 12.06.2017, the victim woman had lodged an FIR before the In-Charge of Kalapani Police Outpost under Mancachar Police Station, inter alia, alleging that on 08.06.2017, when the accused persons named in the FIR, including the present petitioner had gone to the house of the father of the victim girl for attending a dinner and while coming back from the dinner, the accused persons took the victim woman to a field and the present petitioner committed rape on her and thereafter, she was dropped at the house of her husband by the petitioner on his own motor cycle. 4. The learned counsel for the petitioner has submitted that though the charge sheet has been laid in this case, however, as one of the Sections under which charge sheet has been laid is Section 376 of the Indian Penal Code, 1860. Therefore, due to the embargo of Section 480(1) (i) of the BNSS, 2023 the Court of the learned Chief Judicial Magistrate may not be in a position to grant bail, even if he appears before the said Court, in pursuant to the summons issued by the said Court. 5. He further submits that the petitioner is innocent and he has been falsely implicated in this case. He submits that in this regard the victim woman had submitted a letter to the Superintendent of Police, South Salmara on 10.07.2017, wherein, it was stated that the FIR was Page No.# 3/4 lodged against the petitioner due to instigation by some persons and the matter has been amicably compromised. 6. He also submits that the victim has also sworn an affidavit to the effect that the FIR has been wrongly filed by the victim. He submits that the petitioner is ready to face the trial. However, he may be protected from detention as there is every likelihood that if he appears before the Court of the learned the learned Chief Judicial Magistrate, he would be sent to custody due to the bar of Section480 (1)(i) of the BNSS, 2023. 7. On the other hand, the learned Additional Public Prosecutor has submitted that after going through the scanned copy of the Case Diary, it appears that the victim woman has implicated the petitioner of having committed rape on her, in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973. However, he also submits that the statement of the victim woman under Section 161 of the Code of Criminal Procedure, 1973 have been recorded on two occasions. While on first occasions, she had implicated the present petitioner. On the second occasion, when her statement was recorded, i.e. on 15.07.2017, she has stated that she had lodged the FIR due to misunderstanding and does not intend to pursue the case. 8. I have considered the submissions made by the learned counsel for the petitioner. It appears that the victim woman has been shifting her stand on different occasions, during the course of investigation. 9. The truth will only be remained during a trial. 10. However, considering the fact that the victim woman has retracted Page No.# 4/4 from the accusation levelled against the petitioner in her statement recorded under Section 161 of the Code of Criminal Procedure, 1973 given before the Investigating Officer on 15.07.2017 and also considering the fact that the petitioner is ready to face the trial, this anticipatory bail application is disposed of with a direction to the petitioner to appear before the Court of the leaned Chief Judicial Magistrate, on the next date fixed in PRC Case No. 68/2018, i.e. on 02.07. 2025. If he appears before the said Court on the date fixed, he shall be allowed to go on bail of Rs. 30,000/- with a suitable surety of like amount to the satisfaction of the Trial Court. The Trial Court may impose any conditions which it deems fit and proper at the time of granting bail to the petitioner so as to ensure his co-operation during the trial. JUDGE Comparing Assistant