Page No.# 1/3 GAHC010050972025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./698/2025 MOKSED ALI, S/O LATE MOKRAM ALI, R/O BALADAMARA, FAKIRGANJ, P.O AND P,S FAKIRGANJ, DISTRICTDHUBRI, ASSAM, PRESENTLY RESIDING AT GANDHIBASTI RAIL GATE, P.S CHANDMARI, DISTRICT - KAMRUP (M), ASSAM, VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MS. N.A. BEGUM, MR A RAHMAN,MR. S MUNIR Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 11.03.2025 1. Heard Mr. S. Munir, learned counsel for the petitioner. Also heard Mr. D. P. Goswami, learned Additional Public Prosecutor for the State of Assam. 2. This is an application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, whereby the petitioner Moksed Ali prayed for releasing him on bail Page No.# 2/3 after he was arrested in connection with Chandmari Police Station Case No.40/2025. 3. On 16.02.2025, a woman has lodged an FIR before Police alleging that on that day, at about 9.30 am, he noticed the present petitioner and another person called Afsana Begum were selling drugs at Gandhibasti Tiniali. The informant woman objected to it. It is alleged that the present petitioner and Afsana Begum physically assaulted her, they allegedly tore down her dress making her naked in public. 4. It is stated that on that day, before filing of the present FIR, the petitioner Moksed Ali had lodged an FIR against 6(six) persons including the brother of the present informant. In the said FIR, it was alleged that when the petitioner Moksed Ali was walking on the road, some person snatched away a cash amount of Rs.11,500/- from him, he was also assaulted and his Mobile phone also borken. 5. The learned counsel for the petitioner further alleged that the brother of the present informant and his associates attacked his wife also and tried to outrage her modesty. They allegedly sexually molested the 3(three) years old daughter of Mokshed Ali. 6. The learned counsel for the petitioner submits that in reply to the FIR lodged by the present petitioner Mokshed Ali, the sister of Indrajit Chakraborty @ Maina had lodged the present FIR. 7. I have considered the submissions made by learned counsel for both the sides. 8. Now this court has the reason to believe that the allegations made by the informant against the present petitioner seems to be unreasonable under the given circumstances. 9. The bail application is allowed. 10. Accordingly, the petitioner Mokshed Ali, who was arrested in connection with Chandmari Police Station Case No.40/2025 shall be released on bail of Rs.20,000/- with a surety of like amount to the satisfaction of the learned Chief Judicial Magistrate, Page No.# 3/3 Kamrup(Metro), Guwahati, Assam. 11. The bail application stands disposed of. JUDGE Comparing Assistant