Page No.# 1/4 GAHC010225912025 2025:GAU-AS:13632 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3258/2025 MOHIDUL ISLAM @ BIKI CHOUDHARY S/O- LT. HAKIM ALI, R/O- VILL- SILVER SPRING APARTMENT, LOKHRA, GUWAHATI, NH. 37, BETKUCHI, H. NO. 376, P.S- GORCHUK, DIST- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP,ASSAM Advocate for the Petitioner : MR. R ALI, MR. MUSTAFA HUSSAIN Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ANJAN MONI KALITA ORDER 13.10.2025 Heard Mr. H R A Choudhury, learned Senior Counsel assisted by Mr. R Ali for the accused applicant and Mr. R J Baruah, learned Additional Public Prosecutor, Assam for the State. 2. This is an application under Section 483 BNSS, 2023 for grant of bail to the accused applicant, namely, Mohidul Islam @ Biki Choudhary, in connection with Sipajhar Police Station Case No. 134/2025 under Sections 81/351(2)(3) of BNS, 2023. 3. It has been submitted before this Court by the learned APP, Assam that Charge-Sheet in the instant case has already been filed on 03.10.2025 vide Charge-Sheet No. 120/2025. 4. The brief facts as have been narrated in the FIR are that one Swapna Khanam lodged an FIR before the Officer-in-Charge of Mangaldai Police Station alleging that she was induced into a relationship by the accused applicant under the false pretext and continuous assurance of marriage and thereby had physical relationship with the informant by the accused applicant. Though the accused applicant had been assuring marriage, but whenever the informant requested him for the marriage, he used to refuse the same by taking various pretexts. In view of the aforesaid, the informant had lodged the FIR alleging rape under false promise of marriage as well as criminal intimidation. 5. Accordingly, a case has been registered as Sipajhar Police Station Case No. 134/2025 under Sections 81/351(2)(3) of BNS, 2023. 6. During the investigation, the police arrested the accused applicant on 27.09.2025 and since then, he is in judicial custody. 7. It is seen that the bail petition filed by the accused applicant before the learned Chief Page No.# 3/4 Judicial Magistrate, Darrang, Mangaldai has been rejected by the learned CJM, Darrang, Mangaldai on 28.09.2025. 8. Learned Senior counsel appearing for the accused applicant submits that the instant case is apparently a civil dispute, as the informant had stated that there was an agreement between the informant and the accused applicant and the same was, in fact, not adhered to by the accused applicant. He further submits that the legal notice dated 03.04.2025 issued to the accused applicant by the informant makes it apparent that the issue involved is of civil nature and there is no criminal element in the issue. He submits that a reply to the aforesaid legal notice dated 03.04.2025 was sent by the accused applicant on 25.04.2025, which also makes the whole issue very clear that the issue involved is of purely of civil nature. 9. Learned Senior counsel for the accused applicant further submits that the Sections of BNS, which have been put against the accused applicant are also not correct, as the ingredients of the aforesaid Sections of BNS are missing in the facts of the instant case. He submits that the incident initially supposed to have been occurred way back in the year 2014 and the instant FIR has been filed in such a belated time, i.e., in the year 2025. Therefore, he submits that the aforesaid factual narratives make it apparent that the instant case merits some interference by this Court. 10. On the other hand, learned APP, Assam appearing for the State submits that the Charge-Sheet has already been submitted in the instant case and the accused applicant may prefer bail application before the Trial Court. 11. This Court has heard the respective submission of the learned Senior counsel for the accused applicant as well as that of the learned APP, Assam. 12. This Court has also perused the materials that have been brought on record in the instant case. 13. After perusal of the contents of the materials brought before this Court as well as considering the materials in it’s entirety, this Court is of the opinion that this instant bail Page No.# 4/4 application warrants some interference by this Court at this stage, rather than sending the matter to the Trial Court. 14. In view of the aforesaid, the instant bail application is allowed and the accused applicant, namely, Mohidul Islam @ Biki Choudhary, be released on bail on furnishing a bail bond of Rs. 30,000/- (rupees thirty thousand) only with one local surety of the like amount, to the satisfaction of the learned Chief Judicial Magistrate, Darrang, Mangaldai, subject to the following conditions – (i) The accused applicant shall not indulge in any kind of threatening or intimidating activities on the informant; and (ii) The accused applicant shall co-operate with the trial proceedings as per law. 15. Accordingly, this bail application stands disposed of. JUDGE Comparing Assistant