Page No.# 1/3 GAHC010277902025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./4041/2025 SHUAL UDDIN ALIAS SOWAL ALI S/O. NATIB ALI, R/O. VILL. BHUMKI- 1, P.O.- SALAKATI, P.S. KOKRAJHAR, DISTRICT - KOKRAJHAR, ASSAM PIN-783369 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR, ASSAM 2:AMAN ALI S/O- HAZRAT ALI R/O. VILL. BHUMKI- 1 P.O.- SALAKATI P.S. KOKRAJHAR DISTRICT - KOKRAJHAR ASSAM PIN-78336 Advocate for the Petitioner : MR. M A MONDAL, MR. A ISLAM Advocate for the Respondent : PP, ASSAM, MR M RANA (R-2) BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 02.02.2026 1. Heard Mr. M. A. Mondal, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P. for the State and Mr. M. Rana, learned counsel for the respondent No.2. Page No.# 2/3 2. In this petition under Section 483 BNSS, the accused-petitioner, namely, Shual Uddin @ Sowal Ali, who was arrested on 15.10.2025 in connection with Kokrajhar P.S. Case No. 238/2025 under Section 329(4)/65(1) of BNS, R/W 6 of POCSO Act,2012, is seeking bail. 3. As per the FIR, on 15/10/2025 at 11,00 AM complt Aman Ali S/O Hazrat Ali of Vill: No 1 Bhumki, PS Dist: Kokrajhar (Assam) filed an written petition though Salakati OP that on 13/10/2025 at about 07:00 PM, when the informant and his wife were not present at their residence, the accused person Suwal Ali of VillNo. 1 Bhumki entered into the informants house and .committed rape upon his minor daughter namely Ambiya Khatun. (14 years). After committing the offence, the accused fled from the spot with the help of Mafijul All of Vill Ballapara by a motorcycle: Hence, the case 4. The petitioner was arrested and produced before the Magistrate on 15.10.2025 and the investigation of the case is completed and the charge-sheet has already been submitted. Although the victim statement has implicated the petitioner of committing forceful rape, the medical report does not indicate any recent sexual intercourse for penetration. 5. Having regard to the above, including the period of detention and the completion of investigation, the prayer for bail is allowed. 6. The accused-petitioner, Shual Uddin @ Sowal Ali, shall be released on bail of Rs.50,000/-(Rupees Fifty Thousand) with one surety of like amount to the satisfaction of learned Court below in connection with the aforesaid case. 7. It s further provided that the petitioner shall regularly participate in the trial if one commences and shall not try to intimidate or influences the witnesses in any manner. Page No.# 3/3 8. The bail petition is disposed of accordingly. 9. Send back the case diary. JUDGE Comparing Assistant