Page No.# 1/3 GAHC010248122024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3092/2024 SAIFUL ISLAM @ CAYFUL ISLAM S/O LT. AYUB ALI VILL- NO. 1 GARUGAON P.S. AND DIST. BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M I HUSSAIN, N. UDDIN,MS. P AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 07.01.2025 Heard Mr. M.I.Hussain, learned counsel for the petitioner and Mr. R.R.Kaushik, learned Addl.P.P. for the State respondent. This application under Section 482 of the BNSS, 2023 has been filed praying for grant of pre-arrest bail to the petitioner, Saiful Islam @ Cayful Islam in Page No.# 2/3 respect of Bongaigaon PS Case No. 367/2024 under Section 64(1) of the BNS Act. One married woman has alleged that on 03.11.2024 at about 10 pm, while she was coming out of her house to attend nature’s call, the present petitioner suddenly hugged her from behind and after forcibly laying her on the ground, committed rape upon her. She has stated that after the said incident, she screamed and her husband woke up from sleep. He tried to apprehend the present petitioner but he managed to escape. Mr. Hussain submits that the husband of the said woman was working as an assistant to the present petitioner who worked as a mason. Mr. Hussain further submits that the husband of the said woman had borrowed an amount of Rs.15,000/- from the petitioner and she could not returned the amount and thereafter, on 03.11.2024 at about 10 pm the petitioner had a quarrel with the woman as well as her husband. The petitioner ultimately threatened that he will file criminal case against them. According to Mr. Hussain, the aforesaid threat resulted in filing of the false case. Learned Addl.P.P. submits that the victim was medically examined on the next date. The doctors could not find any sign of sexual assault nor the doctors could find any injury marks upon the body of the woman. I have considered the submission of learned counsel for both the sides. This court is of the opinion that in the given circumstances of the case, the petitioner does not deserve to be detained in custody . His pre-arrest bail application is hereby allowed. Accordingly, in the event of arrest of the petitioner, he shall be released on furnishing bail bond of Rs.20,000/- with a surety of like amount to the satisfaction of the arresting authority on the condition the petitioner shall Page No.# 3/3 appear before the Investigating Officer within 7 (seven) days from today and shall co-operate with the investigation as and when required. With the aforesaid direction, the pre-arrest bail application stands disposed of. Case diary be returned back. JUDGE Comparing Assistant