Page No.# 1/3 GAHC010123342026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/1357/2026 MD RAMJAN ALI @ KAILA MAGUR AND ANR S/O LATE ABDUL GAFUR 2: ABDUL LATIF @ LOTU C/O CHIRAJ ALI BOTH ARE R/O NO. 3 ISLAMPUR P.S. LALUK DIST. LAKHIMPUR ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PP, ASSAM Advocate for the Petitioner : MOTIUR RAHMAN, MS A AKTAR,MR. A S TAPADER Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 27.07.2026 Heard Mr. Motiur Rahman, the learned counsel for the Petitioner and Ms. S. H. Borah, the learned Additional Public Prosecutor for the State of Assam. Page No.# 2/3 2. By This application, the petitioner has prayed for bail in connection with Laluk P.S. Case No. 85/2026, registered under Sections 70(1) of BNS, 2023. The FIR lodged in the instant case by the victim revealed that she was a mental patient and that she had gone to Lakhimpur Medical College & Hospital on 22.04.2026 and while she was returning from the said hospital and got down from a tempo at around 09:00 PM, the petitioners who were hiding beforehand in the forest near the road grabbed her from behind and by dragging her into the forest, raped her there. She further stated that when she screamed, the local people came to the place of occurrence and rescued her and by taking advantage of darkness, the petitioners had fled from the said place of occurrence. It was also stated that thereafter, the wife of the accused no.1, i.e. petitioner no. 1, came running towards her and assaulted her. 3. The learned counsel for the petitioner submits that the story projected in the said FIR is not correct and that the villagers in order to implicate the petitioners had made the victim lodged the ejahar. He further submits that petitioner no. 1 is 61 years of age and that he has a number of ailments. He further submits that the petitioners will participate in the trial and be allowed to go on bail at this stage. The learned counsel for the petitioner also submits that in the statement recorded under Section 183 of the BNSS, the victim had not implicated the petitioner no. 2 to have raped her. 4. On the other hand, Ms. S. H. Borah, the learned APP for the State however, submits that the victim was undergoing mental treatment in the aforesaid hospital and that by taking advantage of her situation as has been alleged in the FIR the two accused persons had raped her. She has placed the medical certificate, which shows that the victim had injuries over her thigh and Page No.# 3/3 her private parts. 5. On consideration of the submissions made by the learned counsels for the parties, it is seen that the FIR was lodged by the victim herself about the sexual assault made by the petitioners by taking her inside a forest at nearby road and that she could be rescued by the local people only when she started screaming. Further, under Section 70 (1) of the BNS, 2023, it is provided that any one of the group raping a victim will end up in charging all the persons of the group. 6. In the said facts and circumstances of the case, this court does not deems it fit to release the petitioners on bail at this stage. 7. The AB application is dismissed. JUDGE Comparing Assistant