Page No.# 1/3 GAHC010214602025 2025:GAU-AS:14345 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2381/2025 NASIR UDDIN ALIAS NASERUDDIN AND 2 ORS. S/OLT. GORIB ULLAH @ GORIPULLAH VILL- DIMATOLA POYESTIR CHAR. P.O. JORURCHAR,P.S. FAKIRGANJ, DIST. DHUBRI, ASSAM 2: ABDUL SALAM @ SALAM UDDIN @ SALAMUDDIN S/O LT. SOIM UDDIN @ SOYOMUDDIN VILL- DIMTOLA PART-II P.O. JORURCHAR P.S. FAKIRGANJ DIST. DHUBRI ASSAM 3: SHOHID ALI @ SHOHID ALI MOLLIK S/O TEAJ UDDIN @ TIYAS MOLLIK VILL- DIMTOLA PART-II P.O. JORURCHAR P.S. FAKIRGANJ DIST. DHUBRI ASSA VERSUS THE STATE OF ASSAM TO BE REP. BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR H R A CHOUDHURY, MR. SAYED SALIM AHMED,MR. I U CHOWDHURY,M ALAMGEER Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 28.10.2025 Heard Mr. H. R. A. Choudhury, learned counsel for the petitioners and also heard Ms. N. Das, learned Addl. P.P. for the State. 2. This is an application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein the petitioners, namely, 1. Nasir Uddin @ Naseruddin, 2. Abdul Salam @ Salam Uddin @ Salamuddin, 3. Shohid Ali @ Shohid Ali Mollik have prayed for granting pre-arrest bail, apprehending arrest in connection with PRC Case No. 1115/2024 arising out of Fakirganj P.S. Case No. 154/2014 under Section 143/147/148/149/447/427/325/376(D) IPC pending before the Court of JMFC, Dhubri. 3. The FIR of this case is of the year 2014 and the charge-sheet has been field on 31.10.2023. The brief of the Charge sheet is that on 10.06.2014 informant Bisha Sheikh, S/o Lt. Eyasin Sheikh, vill- Majer Alga Part- I, P.S. Fakigani, Dist. Dhubri (Assam) informed by submitting a written FIR that on 06.06.2014 at around 9:00 am in the morning, while the informant and his brothers were harvesting paddy, the FIR mentioned accused came to kill being equipped with dao and lathi. On seeing that, the accused and his companions went inside their house, but after sometimes, the accused party entered forcefully into the house and assaulted and injured the family members of the informant and the accused nos. 1, 2 & 3 raped his sister in law Rukia Khatun as such the O/C registered the case. 4. On perusal of the statement of the victim recorded under Section 164 Page No.# 3/3 Cr.P.C the allegation of rape does not find support. The injuries are also simple in nature. 5. Having regard to the fact that charge-sheet has already been submitted and more than 10 years elapsed since the alleged incident, no useful purpose would be served by taking the petitioners into custody at this stage. 6. It is submitted that the petitioner came to know about the case upon receipt of summons from the learned JMFC, Dhubri. 7. Accordingly, in the event of their arrest, the petitioners namely, 1. Nasir Uddin @ Naseruddin, 2. Abdul Salam @ Salam Uddin @ Salamuddin, 3. Shohid Ali @ Shohid Ali Mollik in connection with PRC Case No. 1115/2024 arising out of Fakirganj P.S. Case No. 154/2014 under Section 143/147/148/149/447/427/325/376(D) IPC, they shall be released on furnishing bail bond of Rs.50,000/- each with a suitable surety of the like amount, to the satisfaction of the learned Magistrate. 8. The petitioners shall appear before the learned Magistrate on the next date i.e. 11.11.2025. 9. Accordingly, the bail petition stands disposed of. JUDGE Comparing Assistant