Page No.# 1/3 GAHC010058302025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./828/2025 ABUL HUSSAIN AND ANR S/O LATE DHANU MIYA VILL- SAFAKAMAR, P.O. GOBARDHANA P.S. BARPETA ROAD, DIST. BARPETA, ASSAM PIN-781315 2: AMIR HUUSSAIN S/O LATE DHANU MIYA VILL- SAFAKAAR P.O. GOBARDHAN P.S. BARPETA ROAD DIST. BARPETA ASSAM PIN-78131 VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. S AHMED, T UDDIN,J BORAH Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Page No.# 2/3 04.04.2025 1. Heard learned counsel Mr. S. Ahmed for the petitioners namely, (i) Abul Hussain, and (ii) Amir Hussain. 2. The petitioners have filed this application under Section 483 of the BNSS, 2023 with prayer for bail as they are behind bars since 02.02.2025 in connection with Barpeta Road Police Station Case No. 11/2025 under Sections 87/70(1) of the BNS, 2023. 3. Heard Mr. K. Baishya, learned Additional Public Prosecutor, Assam. 4. The allegation against the petitioners is that they have committed sexual assault on the victim. It is submitted on behalf of the petitioners that the victim is an elderly lady with a son aged 16 years and a daughter aged 10 years. 5. It is further submitted that she was earlier married and then after dissolution of her earlier marriage, she has been staying in her parental home. It is submitted that a false case has been brought up against the present petitioners. 6. I have scrutinized the Case Diary. Investigation has progressed substantially. It appears that further custodial detention may not be required for the progress of investigation. 7. Considering all aspects, petition is allowed. The petitioners shall be enlarged on bail on furnishing a bail bond of Rs. 50,000/- each with a suitable surety of like amount to the satisfaction of the learned CJM, Barpeta. 8. In terms of the above observation, this bail application stands disposed of. 9. Send back the Case Diary. Page No.# 3/3 JUDGE Comparing Assistant