Page No.# 1/3 GAHC010273722024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3915/2024 SAIFUDDIN AHMED S/O LATE RAHAMSA ALI R/O VILL- KHEPKUCHI P.S. BAIHATA CHARIALI DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. C K NATH, MR. AJAY SARMA,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 07.01.2025 Heard Mr. S. Munir, learned counsel appearing for the accused petitioner as well as Mr. D. Das, learned Addl. P.P., Assam appearing for the State respondent. By filing this petition under Section 483 of the BNSS, 2023 the accused- petitioner, namely, Saifuddin Ahmed, has prayed for grant of bail in connection with Baihata Chariali P.S. Case No.272/2024 under Sections 64(1)/3(5) of BNS, 2023. Page No.# 2/3 The informant’s father has alleged in the FIR that on 10.10.2024 when his daughter went to see Durga puja, she was forcibly stopped by the present petitioner. She was taken to a big factory where the present petitioner has committed rape upon her. In the statement recorded under Section 183 BNSS, the girl, who was 18 years of old at the time of occurrence has implicated the present petitioner. The medical report available in the case diary does not show anything regarding sexual assault upon her. It is submitted by the learned counsel for the petitioner that the accused petitioner has been languishing in judicial custody for last 87 days since his arrest on 12.10.2024. 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. 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 SDJM, Rangia, Kamrup. The direction for bail is further subject to the conditions that the petitioner: (a) shall not leave the territorial jurisdiction of learned SDJM, Rangia, Kamrup 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 Page No.# 3/3 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