Page No.# 1/3 GAHC010210242025 2025:GAU-AS:13099 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3129/2025 MD ATIKUR RAHMAN ALIAS ATIQUR RAHMAN SON OF MD. KAMOR ALI RESIDENT OF VILL- PAIKAN BON BAZAR, P.S. MUKALMUA DIST. NALBARI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM. Advocate for the Petitioner : MR. U K BARMAN, MR. R KONWAR,MR D PEGU,MR H ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 22.09.2025 Heard Mr. H. Ali, learned counsel for the petitioner and Mr. R. Kaushik, learned counsel for the State. Page No.# 2/3 By this application, the petitioner has prayed for bail in connection with Gorchuk P.S Case No. 261/2025 registered under Section 64(1)/117(2) of the BNS, 2023. The FIR dated 04.09.2025 lodged by the victim reveals that the victim and the petitioner were in relationship since their college days and they broke up after they were not allowed to get married by their family members and that it was further stated in the FIR that when the victim’s marriage was fixed with another boy, the petitioner abused her at her work place as well as physically abused her on the road. It is also alleged that the petitioner entered the rented house of the victim and physically assaulted her and raped her and that she became senseless because of the same. Mr. H. Ali, learned counsel for the petitioner submits that the story narrated in the FIR was a concocted one inasmuch there was no complaint from the side of the victim on earlier days when she alleged that she was physically assaulted and that the incident has taken place at 9 AM in the morning i.e., at broad daylight. Mr. R. Kaushik, learned counsel for the State submits that the allegations in the FIR are serious to the effect that the petitioner was stated to have assaulted the victim and made her senseless and has prayed for calling of the Case Diary. Heard the counsels and I have gone through the materials on record. It is reflected in the FIR that the petitioner and the victim were in Page No.# 3/3 relationship since long and that when the victim decided to get married to another person, the petitioner is stated to have assaulted her. However, the entire incident had happened in daytime and further, no physical injury has been stated by the victim in the said FIR. In view of the same, this Court finds it fit to release the petitioner on bail on furnishing a bail bond of Rs. 20,000/- with one (1) local surety of the like amount to the satisfaction of the learned CJM, Kamrup (M) under the following conditions:- (1) He will not approach the victim or any of the victim’s family members. (2) He will not tamper with the evidence or influence the witnesses. (3) He will not leave the jurisdiction of the learned CJM, Kamrup (M) without the permission of the said Court. Petition is disposed of. JUDGE Comparing Assistant