Page No.# 1/4 GAHC010048312025 2025:GAU-AS:4786 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./682/2025 MD NASIR UDDIN AND ANR. S/O MD. MUSLIMUDDIN R/O VILL-SILBARI P.S. DALGAON DIST.DARRANG, ASSAM PIN-784116 2: MD ISMAIL HUSSAIN S/O MD. AZHAR ALI R/O VILL-APRUPI P.S.KALGACHIA DIST. BARPETA ASSAM PIN-78132 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S RAHMAN, MR T RAJBONGSHI Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 22/04/2025 Heard Mr. S Rahman, learned counsel for the petitioners and Mr. K K Parashar, learned Additional Public Prosecutor, Assam for the State respondent. 2. The petitioners, namely, (1) Md. Nasir Uddin, son of Md. Muslimuddin, resident of Village- Silbari, P.S. Dalgaon, District-Darrang, Assam and (2) Md. Ismail Hussain, son of Md. Azhar Ali, resident of Village-Aprupi, P.S. Kalgachia, District-Barpeta, Assam have filed this application under Section 483 of BNSS, 2023, on 04.03.2025, praying for their bail in Gorchuk Police Station Case No. 27/2025 registered under Section 70(1) of BNS, 2023 corresponding to G.R. No. 469/2025, in which they were arrested on 28.01.2025 and are in custody since then. 3. As per the FIR dated 28.01.2025 lodged by the complainant before the Officer-in-Charge of Gorchuk Police Station, the case is that the complainant’s wife earlier on 26.01.2025 informed him that the accused petitioners, who reside in the same compound in their rented house gave immoral gesture to her. On the intervening night of 27.01.2025 and 28.01.2025 around 01:00 pm when the wife of the petitioner went out to urinate, the accused petitioners forcefully took her to the bathroom by gagging her mouth and forcefully committed rape on her inside the bathroom inspite of her objection and protest and both of them left for their rented house. The said incident was informed to him by his wife, the victim. As such, the complainant prayed before the police authority to enquire into the matter and to take necessary action. Said FIR dated 28.01.2025 was accordingly registered as Gorchuk P.S. Case No. 27/2025 under Section 70(1) of BNS, 2023. 4. Both the accused petitioners were arrested on 28.01.2025 around 12:50 pm and were produced before the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati on 29.01.2025. Thereafter, both the petitioners are in custody. 5. According to the petitioners, they are no way connected with the case and because of false allegation they have been detained in custody. 6. It is also submitted by the petitioners that the complainant husband of the alleged victim took loan from the petitioners and when they demanded their money back from him he lodged the false case against them to avoid return of such loan. Page No.# 3/4 7. It is also stated by the petitioners that similar complaints was earlier made by the wife of the complainant against two persons, namely, Sahadad Ali Sheikh and Sabikul Islam with similar allegations of committing rape against her and Jalukbari P.S. Case No. 570/2024 under Section 331(3)/126(2)/70(1) of the BNS was registered in which those two persons were also arrested. 8. Perused the case diary that was called for. 9. On perusal of the case diary, it is seen that the complainant, his wife, i.e., the victim, the accused petitioners and some other people reside together in various rented house within the same compound under Gorchuk Police Station. It is seen from the case diary that though tenants were occupying the rooms on the night of the incident but no one heard any hue and cry pertaining to the incident at night nor the incident was seen by any of the persons residing therein. 10. The victim in her statement under Section 183 BNS, recorded on 28.01.2025 by the learned Additional Chief Judicial Magistrate, Kamrup (Metro), Guwahati implicated the petitioners of committing rape on her on the date of the incident. In her statement before the Magistrate, the victim also stated that initially she along with her husband went to Jalukbari Police Station to lodge the FIR but considering their place of stay they were asked to report before the Gorchuk Police Station and accordingly, FIR was lodged before the Gorchuk Police Station. 11. It is also seen from the case diary that the victim though forwarded to the Gauhati Medical College & Hospital for her medical examination on 28.01.2025 but she did not give her consent for it. Police in the meanwhile, have seized the apparels the victim wore at the time of the incident and forwarded for FSL examination and the report is awaited. The concerned landlord stated before police that both the accused persons are his tenants who live with their families in their rented rooms. The landlord also informed police that the complainant on 26.01.2025 informed him that some of the tenants residing in his house and nearby use to gaze his wife with bad intention. 12. Considering such materials in the case diary and the period of detention in custody since 28.01.2025, the Court is of the view that further custodial detention of the petitioners, named above, are not warranted to investigate the said Gorchuk P.S. Case No. 27/2025. As such, this bail application of the petitioners in said Gorchuk P.S. Case is accepted. 13. Accordingly, the petitioners, namely, (1) Md. Nasir Uddin, son of Md. Muslimuddin and (2) Md. Ismail Hussain, son of Md. Azhar Ali, be released on bail in said Gorchuk P.S. Case No. 27/2025 registered under Section 70(1) of BNS, 2023 corresponding to G.R. No. 469/2025, on Page No.# 4/4 furnishing a bail bond of Rs.50,000/- each, with 2 (two) local sureties each of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Kamrup (Metro), Guwahati, on conditions that the petitioners – (i) shall appear before the Investigating Officer of said Gorchuk P.S. Case No. 27/2025 as and when they are required for necessary investigation of said Gorchuk P.S. Case; (ii) shall not leave the territorial jurisdiction of Gorchuk Police Station, without obtaining prior written permission from the concerned Investigating Officer of the case; (iii) shall not hamper with the investigation, or tamper with the evidence of the case; (iv) shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; and (v) shall not harm/threat the victim lady or the complainant, her husband, or anyone of their family by them or by anyone acting on their behalf, in any manner and shall never come to the vicinity of the victim lady or anyone of her family member; and (vi) shall not involve themselves in any criminal activities in future. 14. Violation of any of the aforesaid terms and conditions by either of the petitioners, (1) Md. Nasir Uddin and (2) Md. Ismail Hussain, the bail granted to them in the aforesaid Gorchuk P.S. Case No. 27/2025 shall stand automatically vacated. 15. Accordingly, this bail application stands disposed of. 16. Return the case diary. JUDGE Comparing Assistant