Page No. 1/3 GAHC010278712025 2025:GAU-AS:17655 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1600/2025 LILA BAHADUR CHETRY S/O LT TIKARAM CHETRY, R/O VILL BATABARI, PO AND PS BIJNI, DIST CHIRANG, ASSAM, PIN 783393 VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR OF ASSAM Advocate for the Petitioner : R AMIN, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 18.12.2025 Heard Mr. R. Amin, learned counsel for the petitioner and Ms. A. Begum, learned Additional Public Prosecutor for the respondent, State of Assam. 2. This criminal petition is preferred under Section 528, Bharatiya Nagarik Suraksha Sanhita [BNSS], 2023 seeking setting aside of [i] a First Information Report [FIR] registered as Dispur Police Station Case no. 742/2025 under Sections 329[4]/64[1]/62/351[2], Bharatiya Nyaya Sanhita [BNS], 2023; [2] Charge-Sheet no. 567/2025 submitted on 30.09.2025 submitted in connection with Dispur Police Station Case no. 742/2025; and [3] the criminal proceedings of G.R. Case no. 4371/2025, corresponding of Dispur Police Station Case no. Page No. 2/3 742/2025. 3. The informant lodged the FIR on 03.09.2025 before the Officer In-Charge, Dispur Police Station stating inter alia that she, a student aged 20 years, is studying law in N.E.F. Law College and till the occurrence of the alleged incident on 02.09.2025, she was staying in a P.G. Hostel at Anand Nagar, Christian Basti, Guwahati. 4. The informant had inter alia alleged that at around 10-30 p.m. – 11-00 p.m. on 02.09.2025, the petitioner entered into the Hostel premises on the pretext of checking the fans. The informant then requested him to inspect the room allotted to her and to repair/install hooks. The accused came into the room in an intoxicated condition and wearing only a towel. The accused suddenly grabbed the informant and hugged her tightly. He then forcefully kissed her and thereafter, touched and kissed her private parts and tried to take off the wearing apparels of the informant without her consent. Traumatized and frightened, the informant locked herself inside a room for that night and immediately on the next day she shifted to another hostel. Thereafter, on 03.09.2025, she lodged the FIR. 5. The learned counsel for the petitioner has submitted that when after his arrest on 03.09.2025, the petitioner preferred a bail application, B.A. no. 900/2025, the Court of learned Additional Sessions Judge, FTC no. 4, Kamrup [Metro], Guwahati, while allowing the bail prayer of the petitioner, by an Order dated 26.09.2025, observed that there were no ingredients of the offence under Section 64[1]. 6. Section 64[1] has provided for punishment of rape. The Court in its Order dated 26.09.2025 had further observed that the punishment for the other offences could be extended upto five years. Since his arrest on 03.09.2025, the investigation of the case had progressed substantively and therefore, further custodial detention of the petitioner would not be necessary. 7. Upon completion of investigation into Dispur Police Station Case no. 742/2025, the I.O. submitted a charge-sheet vide Charge-Sheet no. 567 on 30.09.2025 finding a prima facie Page No. 3/3 case well established against the petitioner for the offences under Sections 329[4]/351[2]/62/64[1], BNS, 2023. 8. It is true that the ingredients of the offence under Section 64[1], BNS singularly would not be attracted. But, there are ingredients to attract the offence under Section 64[1], BNS read with Section 62, BNS against the petitioner. Further, the materials on record indicate that there after ingredients to attract the offences under Section 329[4] and Section 351[2], BNS as well. 9. Having regard to the propositions laid down in State of Haryana vs. Bhajan Lal, 1992 Supp[1] SCC 335, this Court finds no merit in this criminal petition and the criminal petition is accordingly dismissed. JUDGE Comparing Assistant