Page No.# 1/3 GAHC010151472025 2025:GAU-AS:9367 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2238/2025 ALAUDDIN SON OF LATE ABDUL JUBBAR R/O BASHBARI P.S. BAGUAN DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S M ABDULLAH P, MD IMRAN,MD R ISLAM,MS F HUSSAIN Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 22-07-2025 Heard Mr. S.M. Abdullah P., the learned counsel for the petitioner and also Page No.# 2/3 heard Ms. N. Das, the learned Additional Public Prosecutor appearing on behalf of the State respondent. 2. This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with prayer for bail as the petitioner is behind bars since 28.06.2025 in connection with Baguan P.S. Case No. 38/2025 u/s 331(2)/69 of BNS Act. 3. It is submitted by Mr. Abdullah, the learned counsel for the petitioner that the present accused/petitioner is only 23 years old boy and the girl is 21 years. It is a fact that they had love affairs since long, which also reflected in the FIR. Out of love affairs there may be some physical relationship which was consensual and as per allegation, on 27.06.2025 there was an attempt to have physical relationship forcibly. But, apart from that allegation there is no other allegation of rape on the victim. Further, he submitted that the accused is in custody since last 25 days and considering his length of detention he may be released on bail. However, he is ready and willing to cooperate the I/O in further investigation of this case, if he is granted with the privilege of bail. 4. Ms. Das, the learned Additional Public Prosecutor submitted in this regard that the accused tried to have sexual relationship with the victim forcibly and hence she insisted to call for the Case Diary. However, she submitted that there was a love affair between the accused and the victim, which is reflected in the FIR also. 5. Considering the submissions made by learned counsel for both sides, statement made in the FIR and other aspects of the case, I find that further custodial interrogation may not be necessary for the interest of investigation. Accordingly, I find it a fit case to extend the privilege of bail to the Page No.# 3/3 accused/petitioner. 6. Accordingly, the accused/petitioner be released on bail on furnishing a bond of Rs. 20,000/- (Rupees twenty thousand) only with one surety of like amount to the satisfaction of the learned CJM, Goalpara. The accused/petitioner, namely, Alauddin be enlarged on bail, subject to the following conditions:- (i) that the petitioner shall make himself available for interrogation by the Investigating Officer as and when required; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threaten or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; and (iii) that the petitioner shall not leave the jurisdiction of the learned CJM, Goalpara without prior permission. The Bail Application stands disposed of. JUDGE Comparing Assistant