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2025 DAILYLAW 9995 (GAU)

RIPPUL ISLAM v. THE STATE OF ASSAM

AB/802/2025 · 2025-04-22

Susmita Phukan Khaund

body2025

Judgment text

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Page No.# 1/3 GAHC010066122025 2025:GAU-AS:4884 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/802/2025 RIPPUL ISLAM S/O ABDUL RAHIM R/O TITATOLA(NIZARAPAR), P.S. LAHARIGHAT , DIST. MORIGAON , ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE LD.PP, ASSAM Advocate for the Petitioner : MR. R ALI, U U KHAN,MR. A AHMED Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 23.04.2025 1. Heard learned Counsel Mr.A.Ahmed for the petitioner Rippul Islam who has filed this application under Section 482 of the BNSS, 2023 with prayer for pre-arrest bail as he is apprehending arrest in connection with Laharighat PS Case No. 45/2025 under Section 331 (6)/64 of BNS. Page No.# 2/3 2. Learned Addl. Public Prosecutor Mr.M.P.Goswami is present for the State respondent. 3. The allegation against the petitioner is that he hid himself inside the room of the victim while she was cooking outside. Later, he committed rape on the victim. 4. It is submitted on behalf of the petitioner that an FIR is ought to have been lodged immediately, but after 15 days of the incident, a complaint petition was filed against the petitioner which casts doubt over the veracity of the FIR. It is also submitted that the victim is a married woman and it is not possible that the petitioner will be able to commit rape on the victim who also has two children staying with her. 5. I have scrutinized the Case Dairy. 6. At this juncture, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. 7. The pre-arrest bail petition stands rejected at this stage. 8. Send back the Case Dairy. JUDGE Page No.# 3/3 Comparing Assistant