Page No.# 1/3 GAHC010109292025 2025:GAU-AS:14394 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1153/2025 JAHIR HUSSAIN LASKAR S/O ABDUL LATIF LASKAR R/O VILL- AMBICAPUR PT-VI PANCHGORI, P.S. SILCHAR DIST. CACHAR , ASSAM VERSUS THE STATE OF ASSAM REP BY PP, ASSAM 2:Halima Khatun W/O- Arif Uddin Resident of Meherpur Panchgori P.S- Silchar District-Cachar Assa Advocate for the Petitioner : MS. P CHAKRABORTY, MS B H SHIRIN,MS S Z HAYAT,MR. M R SODIAL,MS. R S SADIAL,MS. K KHAN,MS. A DAS Advocate for the Respondent : PP, ASSAM, MR A MALEK (R-2),MR F A LASKAR (R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 28.10.2025 Heard Mr. M.R. Sodial, learned counsel for the petitioner. Also heard Mr. K.K. Das, learned Addl. Public Prosecutor for the State respondent and Mr. A. Malek, learned counsel for the informant. 2. By this application, the petitioner has prayed for pre-arrest bail in connection with Silchar P.S. Case No. 858/2024 registered under Section 126(2)/131/3(5), 351(2), 74/76 read with Section 4 of the POCSO Act, 2012. 3. The FIR dated 20.09.2024 reveals that while the minor daughter of the informant was coming back from her school, the accused person including the petitioner pulled her daughter by hair and forcibly took her near a half wall and raped her by stripping her off. It is also stated that the victim raised alarm but then the accused person tried to kill her and that she finally escaped from the accused person and reached her home. It is also stated in the FIR that the parents of victim informed the incident to the village headman and other influential persons as well as the father of the accused persons including the petitioner. However, they were thrown away from the places of the accused person. 4. Mr. M.R. Sodial, learned counsel for the petitioner submits that the allegations are made against both the accused persons in the FIR but the co- accused has been released on bail by the Trial Court and that the incident narrated in the FIR is a concocted story, inasmuch as, the place where the incident is alleged to have taken place is a busy area where in the day time, Page No.# 3/3 there cannot be any question of rape upon any victim. He as such prays for bail. 5. Mr. K.K. Das, learned Addl. Public Prosecutor for the State respondent however has placed the statement of the victim recorded under Section 183 of the BNS where she had clearly implicated the petitioner to have dragged her from the road to the nearby secluded area and by stripping her off, raped her against her will and left her there from where she somehow reached her place. She also stated in her statement that she tried to commit suicide out of embarrassment and that her brother saved her from the same. 6. It is further noticed that the fact that the co-accused had been granted bail cannot be a ground for releasing the petitioner on bail because the victim in her statement before the Magistrate had not implicated the co-accused in the said offence and that she was very categorical in implicating the petitioner in dragging her and raping her. 7. In view of the statement made by the victim under Section 183 BNS, this Court does not find it fit to release the petitioner on bail at this stage. 8. Petition is dismissed and disposed of. JUDGE Comparing Assistant