Page No.# 1/4 GAHC010192502025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2057/2025 NAZIM UDDIN S/O MAKADDAS ALI R/O VILL FATEHPUR PO CHATAL PS KARIMGANJ DIST SRIBHUM ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:RABIA BEGUM W/O ABDUR RAHIM R/O VILL FATEHPUR PS KARIMGANJ DIST SRIBHUMI ASSA Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : PP, ASSAM, MR. A R TALUKDAR (R-2) BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 25.11.2025 Heard Mr. H. R. Choudhury, learned Senior Counsel, assisted by Mr. A. M. Mazumdar, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/4 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Karimganj P.S. Case No. 363/2025 registered under Section 76 of the BNSS, 2023, read with Section 18 of the POCSO Act, 2012. 3. The Fir dated 04.08.2023, reveals that the elder daughter of the informant aged about 16 years was sent to the house of the petitioner by her father with some land documents for the purpose of mutation work and that the petitioner called the victim to his room and asked the younger sister of the victim who also went with the victim to the house of the petitioner to wait at the courtyard. It was further alleged that the petitioner took the minor daughter of the informant to his bed room and by gagging her mouth with cloths, disrobed her and tried to commit rape upon her and that when the victim shouted, the younger sister of the victim went to the room and saw the accused person i.e. the petitioner trying to commit rape upon the victim. When the younger daughter reached the place of occurrence the petitioner left the victim and gave her some money and threatened her not to divulge the incident to anyone. However, the victim after coming back from the house of the accused person told the incident to her mother. 4. Mr. Choudhury, learned Senior Counsel submits that there was a cross FIR filed by the aunt of the petitioner on the same date stating that there was some Page No.# 3/4 land disputes amongst the parties i.e. the informant in the FIR dated 04.08.2023 with the petitioners. 5. Mr. B. Sharma, learned Additional Public Prosecutor for the State of Assam, however submits the victim was a minor girl and that the petitioner took advantage and tried to rape the minor girl in the absence of other members of the family in his own house. 6. He further submits on the basis of the case diary where the statement of the victim finds place, wherein the victim stated that the petitioner took her inside the room and by removing her cloths tried to commit rape upon her but on timely arrival of her younger sister the occurrence was avoided. 7. Mr. A. R. Talukdar, learned counsel for the victim submits that the victim was minor and the petitioner by taking advantage of her presence in his house tried to commit rape upon her as would be clear from the contents of the First Information Report. 8. I have heard the counsels and have gone through the records as well as the Case Diary, it is noticed that the victim went to the house of the petitioner to give him land documents and that the sister had accompanied the victim to the said place. Further it is seen that the sister of the victim was not examined and her statements did not find place in the Case Diary. Page No.# 4/4 9. In view of the same, this Court finds it fit that the petitioner be released on pre-arrest bail on furnishing of a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the arresting authority under the following conditions : (i). He should co-operate with the investigation. (ii). He should not influence any witnesses connected with the case. (iii). He should not leave their place of residence without the permission of the arresting authorities. 10. Accordingly, the petition is disposed off. JUDGE Comparing Assistant