RAQIBUL ISLAM ALIAS ROKIBUL ISLAM MANDAL ALIAS ROKIBUL ISLAM MONDAL v. THE STATE OF ASSAM
Bail Appln./2426/2026 · 2026-09-27
Shamima Jahan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15342 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15342 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010177982026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2426/2026 RAQIBUL ISLAM ALIAS ROKIBUL ISLAM MANDAL ALIAS ROKIBUL ISLAM MONDAL S/O- ABDUL LATIF MANDAL, VILLAGE - SANTIPUR, P.O. - HATSINGIMARI, P.S. - SUKCHAR, DIST.- SOUTH SALMARA MANKACHAR, ASSAM, PIN -
783135. VERSUS THE STATE OF ASSAM REPRESENTED BY THE LEARNED P.P., ASSAM. Advocate for the Petitioner : MR. M R KHANDAKAR, MR A H AHMED Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN
ORDER Date : 28.09.2026
Heard Mr. S. Borthakur, learned Senior Counsel assisted by Mr. A. Rahman,
learned Counsel for the petitioner and Ms. SH Bora, learned Additional Public Prosecutor for the State.
2. By this application, the petitioner has prayed for bail in connection with
Page No.# 2/3 Dispur PS Case No. 449/2026 registered under Sections 332(b)/115(2)/64(1) of BNS, 2023. The FIR in connection with which the petitioner was arrested and is put behind the bars for the last 94 days was lodged by the victim herself stating inter alia that on 27.06.2026 at around 08:30am, the petitioner went inside her house and raped her without her consent in absence of her family.
3. The learned Senior Counsel for the petitioner submits that the petitioner has been inside the jail for last 94 days and the charge sheet is also been submitted in the instant case and the trial would start. He submits that the petitioner in order to defend his case be enlarge on bail.
4. Ms. SH Bora, learned Additional Public Prosecutor for the State, on the other hand submits that there is clear allegation against the petitioner on having committed a rape and that the charge sheet is also been submitted against the petitioner and before taking cognizance, the Trial Court had called for a report. She as such objects to the grant of the bail.
5. Upon consideration of the submissions made by the learned Counsel for the parties, more so, in view of the fact that the petitioner has been inside the jail for a considerable period of time and he also requires to defend his case, this Court enlarges the petitioner on bail on furnishing of bail bond of Rs. 20,000/- with one local surety of the like amount to the satisfaction of CJM, Kamrup(M) under the following conditions: i) the petitioner will appear before the Investigating Officer as and when called for. ii) the petitioner will not hamper, tamper with the evidence, neither influence the witnesses connected with the case. iii) the petitioner will not leave the place of jurisdiction without the
Page No.# 3/3 permission of the concerned Court.
6. Petition is disposed of.
JUDGE Comparing Assistant