Page No.# 1/3 GAHC010210082025 2025:GAU-AS:15333 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./3054/2025 MUSTAFIJUR RAHMAN S/O FARMAN ALI R/O VILL- BONPURA, P.S. MUKALMUA DIST. NALBARI, ASSAM, PIN-781138 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. B CHOWDHURY, Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER 12.11.2025 1. Heard Mr. B. Choudhury, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Addl. Public Prosecutor appearing for the State respondent. 2. This application under Section 483 of BNSS, 2023 filed by the petitioner, Page No.# 2/3 namely, Mustafijur Rahman, who has been detained behind the bars since 02.03.2025 in connection with Sessions Case No.37/2025 corresponding to Mukalmua P.S. Case No. 48/2025 under Section 64(1) of the BNS, 2023. 3. The learned counsel for the petitioner submits that the petitioner has been detained behind the bars for more than 9(nine) months. However, the victim has failed to appear as prosecution witness before the trial Court on consecutive dates and therefore, the trial is not proceeding any further. He submits that the petitioner is ready to cooperate in the trial. He further submits that the mandate of Section 246 of BNSS, is that whenever a case involves an offence under Section 64 of the BNS, the trial should be completed within a period of two months. However, the same is not done with this case. He therefore prays for allowing the petitioner to go on bail. 4. The learned Addl. P.P. on the other hand, vehemently opposed the grant of bail to the petitioner on the ground that the victim was raped by the present petitioner on 01.03.2025 and considering the nature of offence involved in this case, it may not be appropriate to release the petitioner at this stage of trial. 5. I have gone through the submissions made by the learned counsel for the both sides and also perused the materials available on record. It appears that the trial Court has fixed the next date on 07.01.2026 for evidence of prosecution side while fixing the dates in offences involving under Section 64 of the BNS. It is the statutory requirement to complete the trial as expeditiously as possible within the period prescribed by the statue. Therefore, the trial Court is directed to take all necessary steps to expeditiously examine the victim girl and complete the trial as early as possible as the trial has already exceeded the prescribed limit in first proviso of Section 346 of BNSS, 2023. 6. However, considering the nature of accusation made against the petitioner in this case and the nature of offence involved in this case, this Court is reluctant to grant bail to the petitioner before examination of the victim girl. Therefore, the prayer Page No.# 3/3 for bail is rejected at this stage. 7. The petitioner is however is at liberty to move the trial Court for seeking regular bail after examination of the victim girl by the Trial Court. JUDGE Comparing Assistant