Page No.# 1/3 GAHC010000252025 2025:GAU-AS:1352 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./64/2025 SAHIBUR RAHMAN S/O LATE INTAZ ALI R/OVILL- GUTIBARI P.S. GINGIA DIST. BISWANATH, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP BY THE PP, ASSAM 2:KAJIMUDDIN SHEIKH S/O HAJRAT ALI R/O VILL- SILAMARI P.O. BURIGANG P.S. GINGIA DIST. BISWANAT Advocate for the Petitioner : MR H R A CHOUDHURY, MR. I A HAZARIKA,MRS H AHMED Advocate for the Respondent : PP, ASSAM, MR. A A MONDAL(R-2),MR A ALAM (R-2),MR R A AHMED(R-2) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 10-02-2025 Heard Mr. H.R.A. Choudhury, learned Senior counsel assisted by Ms. H. Ahmed, learned counsel for the petitioner Sahibur Rahman, who has filed this Page No.# 2/3 application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for bail as he is behind bars since 22.11.2024 in connection with Gingia Police Station Case No. 94/2024 under Section 448/506 of Indian Penal Code, 1860 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 read with Section 67 of IT Act. 2. Heard Mr. Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the respondent State and Mr. A. Alam, learned counsel for the respondent No. 2. 3. The allegation against the petitioner is that he had an extra marital relationship with the informant’s wife and he also committed rape on the informant’s minor daughter X and also compelled X to take obscene photographs of his wife i.e. X’s mother. 4. It is submitted on behalf of the petitioner that a false case been brought up against the petitioner. The allegations are not plausible. 5. Learned Additional Public Prosecutor and the learned counsel for the respondent No. 2 have raised objection against the bail petition. 6. The petitioner is behind bars for 80 (Eighty) days. I have also scrutinized the Case Diary and the statement of the victim under Section 183 of BNSS. It appears that bail may be granted to the petitioner. 7. The petitioner is enlarged on bail on furnishing a bail bond of Rs.50,000/- (Rupees Fifty Thousand) with a suitable surety of like amount to the satisfaction of the learned Special Judge, Biswanath Charilai under the condition that :- the petitioner shall cooperate with the remaining part of investigation. 8. The learned Special Judge, Biswanath Chariali may impose any other bail Page No.# 3/3 conditions. 9. In terms of the above observation, this Bail Application stands disposed of. 10. Send back the Case Diary. JUDGE Comparing Assistant