Page No.# 1/3 GAHC010284742025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4132/2025 MD RAIZUDDIN SHEIKH S/O- GARIBULLAH SHEIKH PRESENT RESIDENT OF HOUSE NO. 33, PK BARMA HOUSE, DAKHINGAON P.S.- DISPUR, DIST- KAMRUP (M), ASSAM PERMANENT RESIDENT OF VILL. SIMLABORI P.S. LAKHIPUR DIST. GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE P.P, ASSAM. 2:NARJINA KHATUN D/O SABDER ALI R/O- VILL. PUB BHAORIA BHITHA P.S.- CHHAYGAON DIST- KAMRUP ASSA Advocate for the Petitioner : MR H R A CHOUDHURY, R KHA,MR. S M RAHMAN,MR. M I HUSSAIN Advocate for the Respondent : PP, ASSAM, DR. P AGARWAL, AMICUS CURIAE (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 02.02.2025 Heard Mr. H.R.A. Choudhury, learned senior counsel, assisted by Mr. M.I. Hussain, learned counsel for the petitioner and Mr. P. Borthakur, learned Addl. Public Prosecutor for the State respondent No. 1. Also heard Dr. Pooja Agarwal, learned Amicus Curie representing the respondent No. 2. This application has been filed by the petitioner namely, Md. Raizuddin Sheikh under Section 483 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, Page No.# 2/3 seeking regular bail in connection with Dispur P.S. Case No. 935/2025 under Section 64(1) of BNS, 2023, read with Section 6 of POCSO Act, 2012. The brief of the case is that on 18.11.2025, complainant Narjina Khatun 18 years, daughter of Sobder Ali, resident of Village Chaygaon, District- Kamrup, Assam, M/ No. 6001425645, stating that the accused person namely Raizuddin Sheikh, who is a relative brother of the complainant, kept the complainant with him at Dakhingaon in a rented home, in lieu of managing her education for about two years and in the time behaved like the complainant is his wife and forcefully made physical relations with her. He kept video recordings of the complainant and blackmailed her not to speak of this to anybody. But on 14.11.2025, the accused person raped the complainant twice and then forced her for third time. When the complainant refused, the accused person physically assaulted her and locked her in a room. Later the complainant was able to flew away from the room. Case diary is received and perused. It is submitted on behalf of the petitioner that the petitioner is suffering from appendicitis and as per advice given by the doctor of the GMCH, surgical intervention is required. Although, he was taken from jail to GMCH but due to absence of any family member, surgery could not be performed. It is further submitted that the allegation as contained in the FIR are false and the victim had earlier lodged a case against her own elder sister and her husband making similar allegation of rape. A copy of the said earlier FIR lodged by the victim has been annexed to this bail application. As per medical report, no evidence of recent sexual intercourse was found Page No.# 3/3 upon examination of the victim. As per the age of the victim is concerned, the same is recorded as 18 years by the learned Magistrate, who recorded her statement under Section 183 of BNSS, 2023. As per birth certificate available in the case diary, the date of birth of the victim is 01.11.2007 and the date of occurrence is on 14.11.2025 when the victim attained the majority. Having regard to all of the above as well as the progress of the investigation, considering the period of detention of the petitioner since 22.11.2025, the prayer for bail is allowed. Accordingly, the petitioner namely, Md. Raizuddin Sheikh shall be released on bail on furnishing a bond of Rs. 50,000/- (Rupees fifty thousand only) with one surety of the like amount to the satisfaction of the learned Eleka Magistrate in connection with the aforementioned case. It is further provided that the petitioner shall not try to contact or intimidate the victim or any other witnesses in this case and shall fully cooperate with the investigation and he shall not hamper the investigation or tamper with the evidence of the case. In terms of the above, this bail application stands disposed of. Return the case diary. JUDGE Comparing Assistant