Page No.# 1/3 GAHC010272972024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3927/2024 MOHAMMAD DANISH S/O. AKBAR ALI, R/O. C/O. AJIJ AHMED, GOPATH, DATALPARA, NATUNBASTI, P/S. FATASIL AMBARI, DIST. KAMRUP (M), ASSAM. PERMANENT ADDRESS- R/O. VILL. PAROO MOJHOLI NORTH, NEAR KABRASTHAN, P/S. MUZAFFARPUR, BIHAR VERSUS THE STATE OF ASSAM REP. THE BY PP ASSAM Advocate for the Petitioner : MR A H AHMED, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 07.01.2025 Heard Mr. A. H. Ahmed, learned counsel appearing for the accused petitioner as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent. Page No.# 2/3 By filing this petition under Section 483 of the BNSS, 2023 the accused-petitioner, namely, Mohammad Danish, has prayed for grant of bail in connection with Fatasil Ambari P.S. Case No.264/2024 (corresponding to GR No. 6025/2024) under Sections 64(1)/351(2) of BNS, 2023. On 14.10.2024 one married lady has lodged an FIR stating that on the previous night while her husband was not at home when she went to toilet to attend the call of nature, the present petitioner forcibly entered into the toilet and committed rape upon her. Immediately after filing of the FIR, the victim woman was subjected to medical examination and the report of the doctor could not ascertain any sexual intercourse was done with the said woman on the previous night. The woman has implicated the present petitioner in her statement. Mr. Ahmed submits that this woman has the habit of filing false cases against different persons. On 10.11.2024 also she had lodged an FIR alleging that two other persons had committed rape upon her. It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 85 days since his arrest on 14.10.2024. Considering the length of detention, prayer for bail may be considered. Mr. D. Das, learned Additional Public Prosecutor has produced the case diary. In view of the submission of learned counsel for both the parties and considering the length of detention, this Court is of the view that further custodial interrogation of the accused-petitioner is not necessary in the interest of investigation of the case. Page No.# 3/3 Accordingly, the petitioner, named above, shall be released on bail, on furnishing bail bond of Rs.20,000/- with one suitable surety of the like amount to the satisfaction of learned Chief Judicial Magistrate, Kamrup(M). The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned Chief Judicial Magistrate, Kamrup(M) without prior written permission from him/her; (b) shall not hamper with the investigation, or tamper with the evidence of the case; (c) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant