Page No.# 1/3 GAHC010172462025 2025:GAU-AS:11833 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1957/2025 AMRIT ADHIKARI S/O ANIL ADHIKARI R/O VILL- KALDOBA PART-I, P.O. AGOMANI, P.S. AGOMANI DIST. DHUBRI, ASSAM, PIN-783335. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A A R KARIM, MD S A MONDAL,MR. A DEB,Ms. R. R. BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER Date: 02.09.2025 Heard Mr. A. A. R. Karim, learned counsel appearing on behalf of the applicant. Also heard Mr. B. Sarma, learned Additional Public Prosecutor, Page No.# 2/3 representing the State respondent. 2. The instant anticipatory bail application has been filed by the applicant, under Section 482 of the BNSS, 2023, praying for pre-arrest bail for the accused- applicant in connection with Kachugaon P.S. Case No. 15/2024, registered under Sections 354(A)/354(C)/506 IPC read with Section 66(E)/67(A) of the I.T. Act, corresponding to G.R. Case No. 140/2024 at Kachugaon, District-Kokrajhar, Assam. 3. As per the FIR dated 21.07.2024, lodged before the Officer In-charge, Kachugaon Police Station, Kokrajhar, by the informant, the incident occurred at about 2(two) years back when the petitioner along with some others, forcefully took the victim to a nearby jungle and tried to rape her. However, when she resisted, they forcefully took some naked pictures of her. Thereafter, after 2/3 days of the aforesaid alleged incident, obscene pictures of the victim were found to be circulated all over through the mobile application i.e., Whatsapp. It was also stated in the FIR that another local boy, who was alleged to be involved in the commission of the offence, namely, Prosenjit Sarkar, expired in a bike accident later on. 4. Mr. Karim, learned counsel for the applicant submits that the alleged incident occurred 2(two) years back and FIR was filed after a long gap of two years. He submits that the accused-applicant is in no way linked in the aforesaid incident and, in fact, the local village boy i.e. Prosenjit Sarkar, who expired later on, was primarily involved in the matter. He further submits that an anticipatory bail application filed earlier before this Court has already been rejected by this Court. He submits that the accused-applicant is suffering from certain illness and he has been advised to go through some surgery. However, no documents as to his aforesaid submission regarding advice of any surgery could be found in the application. 5. Per contra, learned Additional P.P. submits that there are serious allegations against the accused-applicant. Further, he submits that the statement of the victim Page No.# 3/3 reveals a heinous act on the part of the accused-applicant, therefore, he submits that the instant anticipatory bail application may be rejected. 6. The learned Additional P.P. has produced the Case Diary before this Court. 7. This Court has perused the Case Diary and the statements recorded therein. 8. This Court has found certain incriminating materials in the Case Diary, regarding involvement of the accused-applicant in the alleged crime. The statement of the victim recorded under Section 183 of the BNSS, before the Magistrate also reveals commission of the crime. 9. In view of the above incriminating materials available against the accused- applicant, the instant application seeking pre-arrest bail of the accused-applicant is rejected. 10. The Case Diary so received be returned forthwith. JUDGE Comparing Assistant