Page No.# 1/3 GAHC010005082025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/62/2025 MD SOLEMAN ALI S/O IMAN ALI, PERMANENT RESIDENT OF VILLAGE HUDUMKHATA NO. 2, PS GOSSAIGAON, KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REP BY PP ASSAM 2:APIJUL ALI RESIDENT OF ANTHAIBARI GOSSAIGAON DIST KOKRAJHAR ASSA Advocate for the Petitioner : MD A RAHMAN, A W AMAN,MR SARFRAZ NAWAZ,MR. SURAJIT DAS,SAMIM RAHMAN Advocate for the Respondent : PP, ASSAM, MR. N. BARUAH(AMICUS CURIAE, R2) BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA ORDER Date : 25-02-2025 1. Heard Md. A Rahman, learned counsel for the petitioner. 2. Also heard Mr. B Sharma, learned Additional Public Prosecutor as well Page No.# 2/3 as Mr. N Bora, learned Amicus Curiae appearing for the victim girl. 3. This application under Section 482 of B.N.S.S, 2023 has been filed by the petitioner who is apprehending his arrest in connection with Gossaigaon PS Case No. 184/2024 under Section 64 of B.N.S.S, 2023 r/w Section 6 of the P.O.C.S.O Act, 2012. 4. A gist of accusation in this case is that on 12.11.2024, the brother-in- law of the victim girl lodged an FIR before the Officer-in-Charge of Gossaigaon PS, inter alia, alleging that his minor sister-in-law (the victim girl) went to attend a marriage ceremony in the house of his sister-in-law where she was forcefully taken to the backyard of the house and subjected to forcible sexual intercourse by the petitioner. 5. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case as he declined to marry the sister of the informant. He further submits that the petitioner is ready to co-operate with the investigation. On the other hand, learned Additional Public Prosecutor has produced the Case Diary of the Gossaigaon PS Case No. 184/2024 and has submitted that there are sufficient incriminating materials against the petitioner on record. He submits that the victim girl has implicated the petitioner in her statement which was recorded under Section 183 of B.N.S.S. 6. Learned Amicus Curiae has, on the other hand, submitted that the petitioner in his Bail Application has taken contradictory stands. On the one hand he states that he has been falsely implicated. On the other hand, he has also mentioned that the relationship between between the petitioner and victim was consensual in nature. 7. I have considered the submission made by learned counsel of both the parties. Considering the incriminating materials of the Case Diary as well as the Page No.# 3/3 nature of the offence recorded in this case, this Court is of the opinion that this is not a fit case where the anticipatory bail may be granted to the petitioner at this stage. 8. Prayer for grant of anticipatory bail is rejected. 9. Send back the Case Diary. JUDGE Comparing Assistant