Page No.# 1/4 GAHC010261192024 2025:GAU-AS:591 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3743/2024 ABID JOYNALUDDIN S/O JALIL ALI R/O KALMOUBARI, PS. MIKIRBHETA DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REPRESENTED BY THE PP, ASSAM 2:SHYAMIKA BORA D/O PRANIT BORA R/O KAPAHERA PALAHGURI P.O. AND P.S. MIKIRBHETA DIST. MORIGAON ASSAM PIN-78200 Advocate for the Petitioner : MR. B P BORAH, MR. A KHANDAKAR,MR P J DUTTA Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE MITALI THAKURIA ORDER Date : 21.01.2025 Heard Mr. B. P. Borah, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State respondent. This is an application under Section 483 of the BNSS praying for grant of bail to the accused/petitioner, who has been arrested in connection with Session Case No. 254/2024, corresponding to Latasil P.S. Case No. 88/2024, pending before the Court of learned Chief Judicial Magistrate, Kamrup(M). Scanned copy of the case record has already been received. Perused the same. Heard both sides. It is submitted by Mr. Borah, learned counsel for the petitioner, that the present accused/petitioner is innocent and he has been implicated in this case with some false and concocted allegation. Both the petitioner and the victim had love relationship and only after a dispute with the elder sister of the petitioner, the present F.I.R. has been lodged with some false and concocted allegation. Further he submitted that the Medical Report also does not support the case of the prosecution and there is no mark of injury found on the body of the victim at the time of her examination. Further he submitted that the accused is behind Page No.# 3/4 the bar for last 5 (five) months and hence, considering his length of detention also, he may be enlarged on bail. The case has already been charge-sheeted and hence, there is no probability of hampering or tampering with the investigation of the case. Rather, the accused/petitioner will regularly appear before the Court on each and every date fixed if he is granted with the privilege of bail. Mr. Baruah, learned Additional Public Prosecutor, submitted in this regard that from the materials available in the case record as well as the Case Diary, specially from the statement made by the victim under Section 164 Cr.P.C., it is seen that the victim had implicated the present accused/petitioner and it is also seen that from the first day itself, the accused/petitioner used to threatened and blackmail the victim and he committed rape on the victim on 2 (two) occasions and also threatened to make viral the photographs and videos of the victim. Mr. Baruah further submitted that if the accused/petitioner is released on bail, there is every possibility of hampering or tampering with the evidence of the victim as well as some material witnesses and hence, he raised vehement objection in granting bail to the petitioner at this stage. After hearing the submissions made by the learned counsels for both sides, I have perused the case record and the Case Diary as well as the statement of the victim recorded under Section 164 Cr.P.C. and it is seen that the probability of tampering with the evidence of the witnesses as well as the material witness, specially the victim, cannot be denied at this stage and hence, I do not find it a fit case to enlarge the accused/petitioner on bail at this stage without recording the evidence of the victim and the other material witnesses Page No.# 4/4 and accordingly, the same stands rejected. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant