Page No.# 1/3 GAHC010117182025 2025:GAU-AS:7916 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1819/2025 MUNNAF ALI ALIAS MUNNAB ALI S/O MATLEB ALI R/O VILL- TANGANMARI P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND ANR TO BE REP. BY THE PP, ASSAM 2:FARIDA KHATUN W/O MADAN LAL R/O NO. 2 DOKANIA P.S. HAJO DIST. KAMRUP ASSA Advocate for the Petitioner : MR. A AHMED, MR A AHMED,MR. M A CHOUDHURY Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 16.06.2025 1. Heard Mr. A. Ahmed, the learned counsel for the petitioner, namely, Munnaf Ali @ Munnab Ali. 2. The petitioner has filed this application under Section 483 of the BNSS, 2023 with prayer for bail as he is behind bars since 18.04.2025 in connection with Hajo Police Station Case No. 171/2025 under Sections 126(2)/64(1)/76/351(2)/3(5) of the BNS, 2023. 3. Heard Mr. P.S. Lahkar, the learned Additional Public Prosecutor, Assam for the respondent State. 4. The allegations against the petitioner is that he with the help of his wife committed rape on the victim ‘X’ and thereafter, the other accused No. 2 also allegedly committed rape on the victim ‘X’ and the other accused threatened to commit rape on the victim ‘X’ and drive her away from the village. 5. I have considered the submissions at the bar. 6. It is submitted on behalf of the petitioner that the petitioner had an extra marital affair with the victim. When the victim was caught red- handed, she has lodged this false case against the petitioner. The victim is a major and she has fabricated this case. 7. I have also scrutinised the Case Diary. Investigation has progressed substantially. The merits of this case are not brought to the force, as Page No.# 3/3 the investigation is still under progress. 8. I have considered the submissions at the bar and the petitioner is willing to co-operate in the remaining part investigation of the case and to abide by any stringent bail conditions imposed upon him. 9. Considering all aspects, petition is allowed. The above-named petitioner shall be enlarged on bail on furnishing a bail bond of Rs.30,000/- (Rupees Thirty Thousand) with a suitable surety of like amount to the satisfaction of the learned Judicial Magistrate First Class, Hajo under the conditions that: (i) The petitioner shall co-operate with the remaining part investigation; (ii) The petitioner shall not exercise threats to the victim or other witness; and (iii) The petitioner shall not leave the jurisdiction of the Court without prior permission. 10. On breach of any of the bail conditions, bail order shall stand cancelled. 11. Send back the Case Diary. 12. With the above observations, this bail application is accordingly disposed of. JUDGE Comparing Assistant