Page No.# 1/3 GAHC010065312025 2025:GAU-AS:6333 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/759/2025 AMIRUL ISLAM SON OF LATE RAHMAN ALI, R/O VILL - DHARAKUBA ARAT, P.S. MANKACHAR, DISTRICT - SSM MANKACHAR , ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR S H SIKDAR, A ISLAM,MD IMRAN Advocate for the Respondent : PP, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK ORDER 20.05.2025 Heard Mr. S. H. Sikdar, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, Assam for the State. 2) Apprehending his arrest, the petitioner, namely, Amirul Islam, son of late Rahman Ali, resident of village-Dharakuba Arat, Police Station-Mankachar, District-South Salmara, Mankachar has filed this application on 24.03.2025 under section 482 BNSS, 2023 praying for his pre-arrest bail in Mankachar Police Station Case No. 34/2025, registered under Sections 64(1)/351(2) BNS, 2023, corresponding to G.R. No. 86/2025. 3) As per the FIR lodged by the victim herself on 14.03.2025 before the Officer-in-Charge of Mankachar Police Station, the case is that on 03.03.2025 around 12:30 P.M., while she was fishing in the pond near her house, the accused petitioner forcefully took her to a house nearby and committed sexual assault on her forcefully. She returned home and informed about the said incident to her husband, but the accused petitioner threatened her as well as her husband of dire consequences if she or her husband reveals about the same to others. As such, there was a delay in lodging the FIR. 4) Said FIR of the victim was accordingly registered as Mankachar Police Station Case No. 34/2025 under Sections 64(1)/351(2) BNS, 2023, corresponding to G.R. No. 86/2025. 5) Perused the case diary as well as the statement of the victim woman recorded under Section 183 BNSS, 2023 by the learned Judicial Magistrate First Class, South Salmara, Mankachar on 17.03.2025. 6) In her statement under Section 183 BNSS, 2023, the victim woman implicated the petitioner of committing rape on her. 7) Case diary also reveals sufficient incriminating materials against the petitioner with regard to his involvement in the alleged crime. 8) Considering the materials in the case diary, the Court is of the opinion that it is not a fit case to grant pre-arrest bail to the petitioner, namely, Amirul Islam, son of late Rahman Ali Page No.# 3/3 in said Mankachar P.S. Case No. 34/2025. 9) Accordingly, this pre-arrest bail application of the petitioner, namely, Amirul Islam, son of late Rahman Ali in said Mankachar P.S. Case No. 34/2025 stands rejected. 10) Return the case diary herewith. JUDGE Comparing Assistant