Page No.# 1/4 GAHC010169632026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2313/2026 ANZAR HUSSAIN ALIAS ANJAR HUSSAIN S/O LATE SAMSUL HUDA VILL 1 NO. KACHUA, P.S- KACHUA, DIST- NAGAON, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. S U AHMED, A R MONDAL,MR. A M AHMED Advocate for the Respondent : PP, ASSAM, TAWHID LASKAR Page No.# 2/4 BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER Date : 08.09.2026 Heard Mr. S. U. Ahmed, the learned counsel for the petitioner and Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State of Assam and Mr. T. Lashkar, the learned counsel for respondent No. 2. 2. By this application, the petitioner has prayed for bail in connection with Kachua Police Station Case No. 79 of 2026, registered under Sections 61(2) (a)/318(4)/316(2)/64/3(5) of BNS, 2023. 3. The FIR in connection with which the petitioner was arrested was lodged on 19.07.2026, by Ms. Samsun Nehar, stating inter alia that the petitioner along with others had induced her and her family to purchase a plot of land and being convinced by the petitioner and others, the informant had paid an amount of Rs. 16, 50,000/-(Rupees Sixteen Lakhs Fifty Thousand) in installments to the petitioner and others. However, the informant states that 2-3 years had gone by since the said payment but neither the land was given to her nor the money was returned and further that, the petitioner and others used to rebuke her with filthy language and to her other family members. In the said FIR, the informant further stated, that the petitioner had raped her daughter 6 months ago and that due to threatening given by the petitioner, the daughter did not reveal the incident to her. Page No.# 3/4 4. The learned counsel for the petitioner submits that the instant FIR was lodged as a counterblast to the application filed by the petitioner under Section 126 of BNSS, 2023 for maintaining peace and tranquility in the locality. In the said application, it was stated that the husband of the informant of the present FIR as well as others, used to threaten him and tried to assault him. The learned counsel has also stated that on an earlier occasion too, the same informant, namely, Samsun Nehar, had lodged an FIR, stating that someone else had raped her daughter. The learned counsel for the petitioner submits that the story narrated by the petitioner is a concocted story and that the petitioner be released on bail. 5. Mr. R. J. Baruah, the learned Addl. Public Prosecutor for the State, however, submits that the victim, i.e., the daughter of the informant, had clearly stated before the police the sexual harassment meted out to her by the petitioner. He further submits that the victim had also stated about the same in her statement before the Magistrate, under Section 183. 6. Mr. Lashkar, the learned counsel appearing for the informant by supporting this argument made by the learned APP, have further stated that the petitioner and others had cheated the informant and had not returned the money; neither gave her the land and had sexually harassed the daughter of the informant. 7. Upon consideration of the submissions made by the learned counsels, more so in view of the fact that, two different stories were narrated in the FIR, along with a previous FIR stating that, one, Jiabur Rahman had raped her daughter, the person to whom the land was sold according to the petitioner, this court deems it fit to enlarge the petitioner on bail on furnishing of a bail bond of Page No.# 4/4 Rs. 20,000/- (Rupees Twenty Thousand) with one local surety of the like amount to the satisfaction of the C.J.M., Nagaon under the following conditions: (i) The petitioner shall positively appear before the Investigating Officer as and when call for. (ii) The petitioner shall not hamper and tamper with the evidence of the case, and/or influence the witness connected with the case. (iii) The petitioner shall not leave their residence without prior permission of the Investigating Officer; 8. The Bail Application stands disposed of. JUDGE Comparing Assistant