Page No.# 1/3 GAHC010117952025 2025:GAU-AS:7996 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./1808/2025 SAHABUDDIN ALI S/O CHEKEN ALI @ CHAKEN ALI R/O VILL- GUWABARI, P.S. GOSSAIGAON, DIST. KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. K BORUAH, MS. P BORAH,MS P DAS,MR. M ALAM Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 17.06.2025 1. Heard Mr. K. Boruah, learned counsel for the petitioner. 2. This application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner, namely, Md. Sahabuddin Ali, who has been behind the bars since 11.05.2025 in connection with Page No.# 2/3 Kokrajhar P.S. Case No. 120/2025 under Sections 87/142/318(2)/318(4)/64(1) of the BNS, 2023. 3. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam. 4. The allegation against the petitioner is that he kidnapped the victim ‘X’ and had confined and forcefully committed rape on her. 5. Learned counsel for the petitioner has drawn the attention to the Annexure-C of the petition, which is a seizure list, which reflects seizure of (i) One Notary affidavit vide Sl No. 20116 dated 14/11/2024 made before the Notary Public at Gossaigaon signed by ‘X’ where she declared her separation from her previous husband; (ii) One Notary executing marriage Agreement between ‘X’ and the petitioner vide Sl No. 10 dated 18/11/2024 made before the Notary Bilasipara Subdivision and (iii) One Notary affidavit dated 21/07/2024 made before the Notary Public at Bilasipara signed by ‘X’ and declaring her conversion to Islam from Hinduism. 6. I have considered the submissions at the bar with circumspection. 7. I have also scrutinised the Case Diary. Investigation has progressed substantially. 8. I have considered the submissions of the petitioner that he is willing to co-operate with the remaining part of the investigation and to abide by any stringent bail conditions if imposed upon him. Page No.# 3/3 9. Considering all aspects, petition is allowed. The above-named petitioner is allowed to go on bail of Rs. 50,000/- with a suitable surety of like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Kokrajhar under the following conditions that:- (i) That the petitioner shall appear before the Investigating Officer within a week and shall co-operate with the remaining part of the investigation; (ii) The petitioner shall not exercise threats to the 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. This bail application is accordingly disposed of. JUDGE Comparing Assistant