Page No.# 1/4 GAHC010254092025 2025:GAU-AS:17341 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3763/2025 AZIBUR RAHMAN AND ANR SON OF MD. MOTIBUR RAHMAN,VILLAGE- SOWAGURI, P.O BISWANATHGHAT,FILED BY 1 TE PETON.THROUGHRNCVORATOAR-P.S BISWANATH, DIST BISWANATH,ASSAM, PIN- 784177 2: AKMAT ALI S/O ABDUL LATIF @ ABDUL NOTI VILL- SOWAGURI P.O. BISWANATHGHAT P.S. BISWANATH DIST. BISWANATH ASSAM PIN-78417 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M AHMED, B DAS,P. GHOSH Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 15-12-2025 Heard Mr. A. M. Ahmed, learned counsel for the petitioners and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondents. 2. This is an application filed under Section 483 of BNSS, 2023 praying for grant of bail to the accused/petitioners, namely, (i) Azibur Rahman and (ii) Akmat Ali, who have been arrested in connection with Biswanath Chariali P.S. Case No. 179/2025 under Sections 87/70(1) of BNS, 2023. 3. Case diary received. Perused the same. 4. It is submitted by Mr. Ahmed, learned counsel that the petitioners are behind the bars for last 73 days and they have not committed any such offence, as alleged in the FIR. 5. He further submitted that the actual fact of the case is that the present informant had dispute with her husband and she is the 3rd wife of her husband and in that regard there was a meeting/Bichar held wherein she was given advise some elderly person, but instead of listening to those advice, she lodged false FIR against the present petitioners. No such incident had happened, as alleged in the FIR. However, the present petitioners are in custody since last 73 days and hence, considering the period of detention also, they may be released on bail. 6. Mr. Sarma, learned Addl. PP submitted in this regard that there are sufficient materials in the case diary and the victim in her statement recorded Page No.# 3/4 under Sections 180 and 183 BNSS had made the description as to how, the accused persons had committed rape on her. One independent witness also supported the prosecution case. Accordingly, Mr. Sarma, learned APP raised objection and submitted that it is not at all a fit case to enlarge the petitioners on bail. 7. Heard the submissions of learned counsel for both sides and I have also perused the case diary and the statement made by the victim recorded under Sections 180 and 183 BNSS. 8. It is a fact that she brought some sort of allegations in her statement made under Sections 180 and 183 BNSS. But considering the entire circumstances of this case as well as the medical report which speaks of no injury on her body and her private parts, though it was alleged that all the accused petitioners had committed rape on her on several occasions during the entire night. More so, it is also seen that inspite of such an incident, the FIR was lodged only after 3-4 days of the occurrence without any explanation in the FIR. 9. So considering all these aspects of the case vis-à-vis the period of detention already undergone by the accused petitioners, I find that further custodial interrogation of the petitioners may not be necessary for further investigation of the case and as such, I find it a fit case to grant the petitioners the privilege of bail. 10. Accordingly, the accused/petitioners, namely, (i) Azibur Rahman and (ii) Akmat Ali, be released on bail in connection with Biswanath Chariali P.S. Case No. 179/2025 under Sections 87/70(1) of BNS, 2023 on furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand) each, only with one surety each of like amount to the satisfaction of the learned CJM, Biswanath Chariali, Page No.# 4/4 Biswanath subject to the following conditions:- (i) that the petitioners shall fully co-operate with the investigation of the case and shall appear before the Investigating Officer as and when required in connection with the investigation of the aforesaid P.S. Case and (ii) that the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer. 11. With the above observation and direction, this bail application stands disposed of. 12. Return the case diary. JUDGE Comparing Assistant