Page No.# 1/2 GAHC010259372024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3213/2024 AMINUR ISLAM @ AMINUL HOQUE SHEIKH S/O AMZD ALI SHEIKH R/O VILL- KACHARIGAO (NAMAPARA), PO.O. AND P.S. TAMARHAT, DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. L R MAZUMDER, MR E HUSSAIN,MR. A ISLAM Advocate for the Respondent : PP, ASSAM, :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 05.02.2025 Heard Mr. L.R. Mazumder, the learned counsel appearing for the petitioner as well as Mr. R.R. Kaushik, the learned Addl. Public Prosecutor, Assam. Page No.# 2/2 2. This is an application under Section 482 of the BNSS, 2023 in respect of Tamarhat P.S. Case No.102/2024 (G.R. No.1372/2024) under Section 64/62/351(2) of the BNS, 2023. 3. A 30 year old married woman has alleged that on 10.11.2024 at about 5.30 P.M. while she had gone out of her house to attend the call of the nature, the present petitioner caught hold of her from behind and tried to commit rape upon her. 4. She has supported the prosecution story in her statement made before the Magistrate as well as before the police. 5. The petitioner submits that the cow of the woman had entered in his paddy field and caused damage to his crops. Therefore, he had a quarrel with the said woman. According to the petitioner, the FIR was lodged with a false story just to harass him. 6. I have considered the submissions made by the learned counsel of both sides. 7. This Court is of the opinion that under the given circumstance, the petitioner does not deserve to be detained in custody. Therefore, his bail application is allowed. 8. It is hereby directed that in the event of arrest in connection with Tamarhat P.S. Case No.102/2024 (G.R. No.1372/2024) under Section 64/62/351(2) of the BNS, 2023, the petitioner Aminur Islam @ Aminul Hoque Sheikh shall be released on bail of ₹20,000/- with a surety of like amount to the satisfaction of the arresting authority. With the aforesaid direction, the present application for bail is disposed of. JUDGE Comparing Assistant