Page No.# 1/2 GAHC010051342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/607/2025 ESHAB ALI S/O ABDUL ULLAH R/O VILL-MOIRABARI, W/O -07, P.S. MOIRABARI, DIST. MORIGAON, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER 25.04.2025 1. Heard learned counsel Mr. M. A. Sheikh for the petitioner Eshab Ali who has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection Page No.# 2/2 with Moirabari Police Station Case No. 179/2024 under Sections 329(4)/64 of the BNS. 2. Heard Mr. R. J. Baruah, learned Additional Public Prosecutor, Assam. 3. It is submitted on behalf of the petitioner that a false case has been brought up against him as there is bad blood between the petitioner and the victim’s family as the informant is a drug peddler and the petitioner tried to prevent the informant from peddling drugs. 4. The allegation against the petitioner is that he entered into the informant’s house and forcefully committed rape on the victim. When the victim’s mother suddenly witnessed the incident, the petitioner gagged her and warned her not to divulge anything about the incident. 5. Learned Additional Public Prosecutor has raised serious objection stating that there are incriminating materials in the Case Diary against the petitioner. 6. I have scrutinized the Case Dairy. Indeed there are incriminating materials in the Case Diary against the petitioner. 7. At this juncture, there appears to be no justified ground to extend the privilege of anticipatory bail to the petitioner, considering the nature and gravity of offence. 8. Petition with prayer for pre-arrest bail stands rejected at this stage. 9. Send back the Case Diary. JUDGE Comparing Assistant