LALCHAN ALI ALIAS LALCHAN HOQUE ALIAS LALCHAN v. THE STATE OF ASSAM
Bail Appln./3190/2025 · 2025-09-24
Shamima Jahan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19901 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19901 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010219492025
2025:GAU-AS:13285
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3190/2025 LALCHAN ALI ALIAS LALCHAN HOQUE ALIAS LALCHAN S/O LT. RAKMAT ALI @ ROKMOT ALI RESIDENT OF VILLAGE FULKATA PT- III (SAITANBARI), PO MUTHAKHOWA, PS SOUTH SALMARA, DISTRICT DHUBRI, ASSAM, PIN- 783323 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR. M R KHANDAKAR, MR. A ROHMAN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 25.09.2025
Heard Mr. M.R. Khandakar, learned counsel for the petitioner and Ms. N. Das, learned Addl. Public Prosecutor for the State. Page No.# 2/3 By this application, the petitioner has prayed for bail in connection with South Salmara P.S Case No. 109/2025 registered under Section 329(4)/76/64/62/115(2) of the BNS, 2023. The FIR dated 01.09.2025 reveals that the petitioner in absence of the husband of the informant entered the house of the informant and tried to rape her against her will. It is also alleged that when the victim raise hue and cry, the petitioner assaulted her and fled from the place of occurrence. Mr. Khandakar, learned counsel for the petitioner submits that there was love relationship between the petitioner and the informant and that the informant had called the petitioner on the said night of occurrence. He also submits that there is a delay in lodging of the FIR. Ms. N. Das, learned Addl. Public Prosecutor however submits that the allegation in the FIR is not only to the effect that the petitioner forcefully entered the house of the informant but the petitioner had also assaulted the informant and as such has prayed for calling of the Case Diary. I have heard the counsels and I have gone through the contents of the FIR as well as other documents on record. It is noticed that the informant had not lodged the ejahar immediately on
Page No.# 3/3 the alleged occurrence but she waited for a village meeting and she lodged the FIR very late. In view of the same, this Court finds it fit that the petitioner may be released 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 CJM, South Salmara, Mankachar under the following conditions:-
1.
The petitioner shall cooperate with the investigation and shall appear before the CJM, South Salmara, Mankachar as and when called for. 2. The petitioner shall not tamper with the evidence or influence any of the witnesses. 3. The petitioner shall not leave the jurisdiction of the CJM, South Salmara, Mankachar without prior permission of the said Court. Petition is disposed of. JUDGE Comparing Assistant