Page No.# 1/4 GAHC010192902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1442/2025 USAMA BIN ALAM ALIAS ASAMA S/O SIDDIKUR RAHMAN R/O KADAMONI P.O. KADAMTONI P.S. BATADRAVA DIST. NAGAON ASSAM PIN-782122 VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP GOVT. OF ASSAM 2:JAINAL ABDIN S/O TAMIR UDDIN R/O KADAMONI PATHER P.S. BATADRAVA DIST. NAGAON ASSAM ------------ Advocate for : MR A HUSSAIN Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 28.08.2025 1. Heard Mr. A. Hussain, the learned counsel for the petitioner. Also heard Mr. K.Baishya, the learned Additional Public Prosecutor for the State Respondent as well as Mr. S. A. Ahmed, the learned counsel appearing for the respondent No. 2. 2. The application under Section 482 of BNSS, 2023, has been filed by the petitioner, namely, Usama Bin Alam Alias Asama, who is appending his arrest in connection with Batadrava P. S. Case No. 72/2025 under Section 329(4)/64/62 of BNS, 2023 read with Section 8 of the POCSO Act, 2012. 3. The gist of the accusation in this case is that on 29.05.2025 the father of the victim girl had lodged an FIR that on 07.04.2025 when there was no one in the house of the informant the petitioner entered into their house and tried to commit rape on his 14 year old minor daughter (victim). 4. However, when the victim shouted loudly the elder daughter of the informant came there and the petitioner ran away from there. 5. It is also alleged in the FIR that the informant went to police station for lodging the FIR on 3 or 4 occasions but the FIR was not registered. 6. Ultimately, the informant had to approach the Superintendent of Police, Nagaon on whose instruction the FIR was registered. 7. The learned counsel for the petitioner has submitted that the accusation made against the petitioner in the FIR are not true. 8. He submits that the father of the petitioner and the informant have Page No.# 3/4 dispute regarding some monetary transaction and to settle this dispute the father of the petitioner, this false FIR was registered. 9. He also submits that there is an inordinate delay in lodging the FIR and the justification given for the delay are not reasonable and cogent. 10. The learned counsel for the petitioner also submits that the petitioner is ready to cooperate in investigation and, therefore, he prays for allowing the petitioner to go on bail. 11. On the other hand the learned Additional Public Prosecutor has submitted that there are sufficient incriminating materials against the petitioner in the case diary. 12. He submits that the victim girl in her statement recorded under Section 183 of BNS, 2023 has categorically implicated the petitioner of committing offence alleged in the FIR. 13. He also submits that the delay for lodging the FIR has been sufficiently explained in the FIR itself. 14. He submits that considering the nature of offence the prayer for anticipatory bail may be rejected. 15. I have considered the submission made by the learned counsel for both sides and have gone through the case diary, which has been produced by the learned Additional Public Prosecutor. 16. On perusal of the case diary as well as the statements of the victim recorded under Section 183 of the BNS it appears that there are sufficient incriminating materials against the petitioner regarding his complicity in the offence alleged in this case. 17. This Court is, therefore, is of the considered opinion that this is not a Page No.# 4/4 fit case where benefit of anticipatory bail may be granted to the petitioner at this stage. 18. The prayer for anticipatory bail is, therefore, rejected. JUDGE Comparing Assistant