Page No.# 1/3 GAHC010002572025 2025:GAU-AS:577 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./39/2025 MASUK RAHMAN S/O MAINAL ALI, VILL. CHENGA MUSALMAN PARA, P.S. TARABARI, DIST. BARPETA, ASSAM. VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR H A AHMED, MR. MUSTAFA HUSSAIN,MR. R ALI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER 21.01.2025 Heard Mr. R. Ali, learned counsel for the accused and Mr. K.K. Parasar, learned Additional Public Prosecutor for the State respondent. 2. This application under Section 483 of the B.N.S.S., is preferred by accused namely, Masuk Rahman, who has been languishing in jail hazot in connection with the Tarabari P.S. Case No. 68/2024, under Sections 77/64/319(2)/351(2) of the B.N.S. read with Sections 66[D]/67[A] of the IT Act, for granting bail. Page No.# 2/3 3. The said case has been registered on the basis of one F.I.R. lodged by one Akshay Choudhury, on 11.12.2024. The essence of allegations in the F.I.R. against the accused is that by concealing his real identity, accused Masuk Rahman has developed relationship with daughter of the informant and promising to marry her, he committed sexual intercourse with her. Later on, she came to know about the real identity of the accused and thereafter, she had severed her relationship with him and out of frustration, he uploaded some of the explicit photographs of her in the Instagram, on 06.12.2024. 4. Mr. Ali, learned counsel for the accused submits that the victim and the accused belong to the same village and they know each other very well and that the allegations made in the F.I.R. are false and fabricated. Mr. Ali further submits that the victim is a major girl and if anything had happened between the victim and the accused, the same was consensual. Mr. Ali also submits that he is ready to cooperate with the investigating agency and therefore, it is contended to allow this petition. 5. On the other hand Mr. Parasar, learned Additional Public Prosecutor by producing the case diary submits that the I.O. has collected sufficient incriminating materials against the accused. Mr. Parasar further submits that the victim girl in her statement recorded under Section 183 of the B.N.S.S. has clearly implicated the accused with the offence alleged in the F.I.R. and that the investigation is going on and the allegation is serious in nature and therefore, Mr. Parasar has contended to dismiss the petition. 6. Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the case diary with the assistance of learned Additional Public Prosecutor. Page No.# 3/3 7. Perusal of the statement of the victim girl recorded under Section 183 of the B.N.S.S. reveals that she has clearly implicated the accused with the offence alleged in the F.I.R. The case diary also indicates that the I.O. has collected sufficient incriminating materials in support of the allegation made in the F.I.R. and the offences are serious in nature and investigation is still going on and enlarging the accused on bail at this stage will misdirect the investigation. 8. In view of above, this Court is of the view that this is not a fit case where the privilege of bail can be extended to the accused. 9. It is a fact that the victim girl is a major girl, aged 19 years. Though Mr. Ali, learned counsel for the accused submits that she is a consenting party, yet, it appears that the consent was obtained by practicing fraud and on such count, the said consent stands vitiated. Though Mr. Ali submits that the victim and the accused belong to the same village, yet, it appears from the materials placed on record that both belong to different villages. 10. Accordingly, the petition stands dismissed. 11. The case diary be returned. JUDGE Comparing Assistant