Page No.# 1/3 GAHC010038492025 2025:GAU-AS:2898 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/447/2025 JALIL SK S/O KARAMAT ALI VILL-LALKURA PT.I P.S. GAURIPUR DIST. DHUBRI, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MR. S ISLAM, A R MONDAL,MR A HAWARI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 18.03.2025 1. Heard learned Senior Counsel Mr. H.R.A.Choudhury assisted by Mr. S.Islam for the petitioner, Jalil Sheikh who has filed this application under Section 482 of the BNSS, 2023 with a prayer for pre-arrest bail as he is apprehending arrest in connection with Gauripur PS Case No. 41/2025, under Section Page No.# 2/3 61(2)/191(2)/191(3)/118 (2)/74/76/64(1)/62 of BNS. 2. Heard learned Addl.Public Prosecutor Mr. R.R.Kaushik for the respondent State. 3. The FIR unfolds that on 17.01.2025, at about 8 pm, the petitioner wilfully trespassed into the informant’ s house and tied her from behind by putting a sharp weapon towards her neck and threatening her not to raise alarm . The petitioner also attempted to commit rape on her but somehow she managed to escape. Meanwhile, the informant’s neighbour arrived and saw other accused persons named in the FIR assaulting the informant’s family members causing grave injuries and in the process, snatching an amount of Rs.9,700/- and a mobile phone from the informant’s uncle Abul Hossain. It is further alleged that on 13.10.2023, the petitioner also tried to cause a similar offence but due to an amicable settlement by the villagers and to maintain peace in her conjugal life, the informant did not bring up any allegation against the petitioner. 4. It is submitted on behalf of the petitioner that an incident occurred on 17.01.2025 and the FIR was lodged on 21.02.2025. The delay in lodgement of the FIR clearly reveals that the FIR is fabricated. On the contrary, the informant’s son Yakub entered into the petitioner’s kitchen garden and damaged the vegetables. When the petitioner tried to restrain, there was an altercation and finally false FIR was lodged. 4. Learned Addl.P.P. has raised objection stating that there are incriminating materials in the case diary against the petitioner. 5. I have also scrutinised the case diary. Page No.# 3/3 6. There are indeed incriminating materials against the petitioner. At this juncture, there appears to be no justified grounds to allow the petition. 7. The anticipatory bail application stands rejected. 8. Send back the case diary. JUDGE Comparing Assistant