Page No.# 1/4 GAHC010027072026 2026:GAU-AS:3896 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./427/2026 ABDUL RAHIM @ ABDUR RAHIM SON OF SAMSUL HAQUE R/O VILL- DHAKALIAPARA, P.S.HOWLY, DIST. BARPETA, ASSAM VERSUS THE STATE OF ASSAM REP BY THE PP, ASSAM Advocate for the Petitioner : MR. A M S MAZUMDER, MD. S Z B AKLAS Advocate for the Respondent : PP, ASSAM, Page No.# 2/4 BEFORE HON’BLE MRS. JUSTICE MITALI THAKURIA ORDER 18-03-2026 Heard Mr. S Z B Aklas, learned counsel for the petitioner and Mr. B. Sarma, learned Additional Public Prosecutor, for the State respondent. 2. This is an application filed under Section 483 BNSS, praying for grant of bail to the petitioner, namely, Abdul Rahim @ Abdur Rahim who was arrested in connection with Sessions Case No. 19/2026 arising out of Howly P.S. Case No. 130/2025 registered under Sections 64(1) of BNS, 2023. 3. Scanned copy of the TCR has already been received. Perused the same. 4. It is submitted by Mr. Aklas, learned counsel that the petitioner is innocent and has not committed any such offence as alleged in the FIR. The real fact is that there was quarrel between the petitioner and the family of the informant as he used to catch fishes from the pond of the petitioner without his information and only for the said grudge, the FIR has been lodged with some false and concocted allegation. 5. The accused is behind the bar for last 115 days, charge sheet has already been laid on 21.12.2025 and charge was also framed on 11.03.2026 and thus he is in custody for a considerable period and hence, his bail prayer may be considered. However, he being the local person, there is no chance of his absconding, if he is released on bail. 6. Mr. Aklas, learned counsel further submitted that as per the FIR itself the incident took place on 15.11.2025 and the FIR was lodged only on 22.11.2025, but there is no explanation regarding the delay in lodging the FIR. More so, the Page No.# 3/4 medical evidence also does not disclose any injury or sign of rape on the victim. 7. Mr. Sarma, learned APP submitted in this regard that the victim had brought sufficient allegation against the present petitioner in her statements recorded under Section 180 and 183 BNSS. He further submitted that there may not be any injury on her private part as she is a major lady of 51 years. 8. Mr. Sarma, learned APP submitted that the charge has already been framed on 11.03.2026 and the next date for evidence is 25.03.2026 and till the recording of the evidence of the victim, the petitioner may not granted with the privilege of bail. 9. Heard the submissions made by the learned counsel for both sides and considering the materials in the case record and other aspects of the case, I find that further custodial detention may not be required for the purpose of trial, and accordingly I find it is fit case to extend the privilege of bail to the petitioner. 10. Accordingly, the accused/petitioner, namely, Abdul Rahim @ Abdur Rahim, be released on bail in connection with Sessions Case No. 19/2026 arising out of Howly P.S. Case No. 130/2025 registered under Section 64(1) of BNS, 2023, on furnishing a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) only, with one surety of like amount to the satisfaction of the learned Sessions Judge, Barpeta subject to the following conditions:- (i) that the petitioner shall appear before the Court of learned Sessions Judge, Barpeta, on each and every date to be fixed by the Court; (ii) that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; Page No.# 4/4 (iii) that the petitioner shall submit his Aadhar Card and PAN Card before learned Sessions Judge, Barpeta; and (iv) that the petitioner shall not leave the jurisdiction of the learned Sessions Judge, Barpeta, without prior permission. 11. In terms of above, this bail application stands disposed of. JUDGE Comparing Assistant