Page No.# 1/4 GAHC010151772024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1978/2024 NUR HUSSAIN @ NUR HUSSAIN SK. S/O UMED ALI R/O VILL- ALOMGANJ PART-VI, P.S. GAURIPUR, DIST. DHUBRI, ASSAM PIN-783339 VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:AZAHAR ALI S/O ASHEK ALI R/O VILL- ALOMGANJ PART-VI P.S. GAURIPUR DIST. DHUBRI ASSAM PIN-78333 Advocate for the Petitioner : MR. M S ALAM, MD. S ALOM Advocate for the Respondent : PP, ASSAM, MR R A AHMED (R-2) Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER 28.01.2025 Heard Mr. S. Alom, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor appearing for the State and Mr. R.A. Ahmed, learned counsel appearing for the respondent No.2. By filing this application u/s 482 of BNSS, 2023, the petitioner, namely, Nur Hussain @ Nur Hussain Sk, has sought for pre-arrest bail, who is apprehending arrest in connection with Gauripur PS Case No.1333/2021 (G.R Case No.4886/2021) under Sections 342/376/511/323/326/34 of the IPC, R/W Section 12 of POCSO Act,2012. As per the FIR, the allegation is that on the date of incident while the victim was going towards the house of Akbar Ali, the accused petitioner came there and dragged towards an abandoned house with an intention to commit rape on her. It is submitted by the learned counsel for the petitioner that the allegation made in the FIR is totally false and concocted. The real fact is that the petitioner is adjacent neighbor of the informant and there was a land dispute between the family members of the petitioner and the informant, as such this false case has been instituted against the petitioner. On the other hand, learned Addl. P.P has submitted that charge-sheet has been laid in connection with the case showing the petitioner as an absconder. Learned counsel for the respondent no.2 has made objection in granting Page No.# 3/4 bail to the petitioner. I have considered the submissions made by the learned counsel for the parties. I have also perused the trial court record. As per statement of the victim recorded u/s 164 of CrPC, discloses that on the date of incident while the victim was going towards the house of one Akbar Ali, the accused petitioner came there and dragged her towards an abandoned house and with an intention to commit rape on her, brother of the petitioner Naser Ali was there in that house and applied force towards the victim. When she raised hue and cry, her sister-in-law came to the spot. Considering the allegation spelt out against the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to appear before the trial court within 10 days from today and in the event of filling any bail application, the petitioner shall be released on bail on furnishing bail bond of Rs. 40,000/- with a suitable surety of the like amount, to the satisfaction of the Trial Court. The direction for pre-arrest bail is subject to the conditions that the petitioner: (a) shall appear before the Trial Court on each and every date fixed by the Trial Court from time to time and shall co- operate with the trial. (b) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to Page No.# 4/4 the Court. The anticipatory bail application stands disposed of accordingly. JUDGE Comparing Assistant